DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Installation Theatrical Engineering Pty Ltd
(AG2015/308)

INSTALLATION THEATRICAL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 MARCH 2015

Application for approval of the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Installation Theatrical Engineering Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 31 March 2015 and, in accordance with s.54, will operate from 7 April 2015. The nominal expiry date of the Agreement is 30 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Installation Theatrical Engineering Pty Ltd, sought approval of an enterprise agreement which had been registered but not yet approved by the Fair Work Commission. The application was made in accordance with section 236 of the Fair Work Act 2009. The applicant submitted that the agreement was in the best interests of the employees, and the Commission was required to consider a number of factors, including the fairness and efficiency of the agreement, and whether it promoted workplace harmony.

The primary legal issue before the Commission was whether the agreement was fair and appropriate, and if it met the statutory criteria for approval. The applicant argued that the agreement was fair and efficient, and promoted workplace harmony. The applicant further submitted that the agreement was in the best interests of the employees, and that the Commission was required to consider the agreement as a whole, rather than focusing on individual provisions. The applicant also argued that the agreement contained appropriate mechanisms for dispute resolution, and that the provisions relating to redundancy were fair and reasonable.

The Commission found that the agreement was fair and appropriate, and met the statutory criteria for approval. The Commission noted that the agreement contained provisions that were consistent with contemporary industrial practice, and that the parties had engaged in good faith negotiations. The Commission also found that the agreement contained appropriate mechanisms for dispute resolution, and that the provisions relating to redundancy were fair and reasonable. The Commission concluded that the agreement was in the best interests of the employees, and was therefore approved.

The Fair Work Commission approved the Installation Theatrical Engineering Pty Ltd Enterprise Agreement 2015 - 2019. The applicant was granted leave to apply for approval of the agreement, and the agreement was approved subject to the terms and conditions set out in the decision.

Installation Theatrical Engineering 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