Innovative Electrical Solutions Group Pty Ltd

[2013] FWCA 3566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Electrical Solutions Group Pty Ltd
(AG2013/6628)

INNOVATIVE ELECTRICAL SOLUTIONS GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER DEEGAN	CANBERRA, 4 JUNE 2013

Application for approval of the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Innovative Electrical Solutions Group Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2013. The nominal expiry date of the Agreement is 4 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Innovative Electrical Solutions Group Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2013. The union representing the employees, Electrical Trades Union of Australia, contested the application. The dispute centred around the terms and conditions of employment for the workers under the proposed agreement.

The primary legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, particularly sections concerning the negotiation, content, and approval of enterprise agreements. The union argued that the agreement did not adequately represent the employees' interests and failed to meet certain legal standards. The employer, on the other hand, asserted that the agreement was the product of genuine negotiations and was fair and reasonable.

The Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the agreement was indeed the result of genuine negotiations and that it contained provisions that were fair and reasonable. The union's concerns regarding specific terms were addressed, and the Commission concluded that the agreement met all legal requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the workers covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established