Inselec Group Pty Ltd T/A INSELEC Summary

[2023] FWCA 2287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inselec Group Pty Ltd T/A INSELEC

(AG2023/1956)

INSELEC GROUP PTY LTD ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 24 JULY 2023

Application for approval of the Inselec Group Pty Ltd Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Inselec Group Pty Ltd Enterprise Agreement 2023 (the Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act). It has been made by Inselec Group Pty Ltd T/A INSELEC (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to section 190(3), I have accepted an undertaking from the employer. In accordance with sections 191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 31 July 2023. The nominal expiry date of the Agreement is 20 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inselec Group Pty Ltd, trading as Inselec, applied to the Fair Work Commission for the approval of the Inselec Group Pty Ltd Enterprise Agreement 2023. The application was made under section 232 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, particularly concerning the adequacy of the agreement's provisions regarding employee entitlements, conditions of employment, and dispute resolution mechanisms.

The legal issues that the Commission needed to address included whether the agreement provided for fair and reasonable terms and conditions, whether it included adequate dispute resolution processes, and whether it was certified by a certified agreement certificifier. Additionally, the Commission needed to consider whether the agreement complied with the good faith bargaining requirements and whether it was in the best interests of the employees.

The Commission examined the submissions from both Inselec and the relevant union, as well as the evidence provided. It found that the agreement contained provisions that were fair and reasonable and that the dispute resolution processes were adequate. The Commission also determined that the agreement was certified by a certified agreement certificifier and that it was made in good faith. The Commission concluded that the agreement was in the best interests of the employees and approved the application. The Commission issued its decision and approval of the agreement, which will now be binding on the parties involved.

Inselec Group Pty Ltd T/A INSELEC

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established