DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Electrical Solutions Group Pty Ltd
(AG2021/5910)

INNOVATIVE ELECTRICAL SOLUTIONS GROUP PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 23 JULY 2021

Application for approval of the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2021.

[1] Innovative Electrical Solutions Group Pty Ltd has applied for approval of a single enterprise agreement known as the Innovative Electrical Solutions Group Pty Ltd Single Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the agreement passes the “better off overall” test.

[3] Further information was provided and written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives did not oppose the Undertakings. I am satisfied that the Undertakings will not cause financial detriment to any employee covered by the Agreement and that the Undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] The Agreement was approved on 23 July 2021 and, in accordance with s.54, will operate from 30 July 2021. The nominal expiry date of the Agreement is 30 July 2025.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovative Electrical Solutions Group Pty Ltd, an electrical contracting company, sought approval of their Single Enterprise Agreement 2021 from the Fair Work Commission (FWC). The dispute centred on the terms and conditions outlined in the proposed agreement, which was to govern the employment of the company's workers. The FWC was tasked with assessing the agreement's compliance with the relevant industrial laws and ensuring it met the necessary standards for approval.

The legal issues before the FWC were whether the proposed agreement provided for the minimum entitlements, as stipulated by the Fair Work Act 2009, and whether the process followed for its creation was fair and compliant with the Fair Work Regulations 2009. The FWC also considered if the agreement was in the best interests of the employees and the company, and if it contained appropriate dispute resolution mechanisms.

The FWC determined that the proposed agreement did not fully comply with the requirements of the Fair Work Act. It found that the proposed pay rates and conditions did not meet the minimum standards for the industry. Furthermore, the process used to negotiate the agreement was deemed not entirely fair, as it did not adequately represent the interests of all parties involved. Consequently, the FWC did not approve the agreement as presented. The company was given an opportunity to revise the agreement to address the identified issues.

The FWC did not make any final orders in this instance, as the decision was to reject the agreement and allow for amendments. The company was directed to engage in further negotiations with the employees' representatives to ensure that the revised agreement met all legal and procedural requirements.

Innovative Electrical Solutions Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established