Instrument and Electrical Construction and Commissioning Specialists Pty Ltd

[2013] FWCA 780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Instrument and Electrical Construction and Commissioning Specialists Pty Ltd
(AG2012/13718)

IECCS SINO IRON, CAPE PRESTON, WESTERN AUSTRALIA, ENTERPRISE AGREEMENT

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the IECCS Sino Iron, Cape Preston, Western Australia, Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the IECCS Sino Iron, Cape Preston, Western Australia, Enterprise Agreement. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Instrument and Electrical Construction and Commissioning Specialists Pty Ltd. The agreement is a single-enterprise agreement.

[2] On 4 February 2013 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2013. The nominal expiry date of the Agreement is 4 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Instrument and Electrical Construction and Commissioning Specialists Pty Ltd (IECCS) applied for approval of a new enterprise agreement with Sino Iron, Cape Preston, Western Australia. The application was made under section 182 of the Fair Work Act 2009 (Cth). The dispute centred on whether the agreement met the requirements of the Act and whether it was fair and reasonable for the employees covered by the agreement.

The primary legal issue was whether the agreement provided for the proper protection of employees' interests, as required by section 172(1)(a) of the Fair Work Act. This involved examining whether the agreement adequately addressed the employees' wages, conditions, and other terms and conditions of employment. The court also considered whether the agreement met the "no disadvantage" test under section 172(2) of the Act, which required the court to determine if the agreement would place employees in a worse position than they would be in if the agreement did not exist.

The court found that the agreement did provide for the proper protection of employees' interests and did not place them in a worse position than they would be in if the agreement did not exist. The court approved the agreement, noting that it contained provisions for wages, leave, and other conditions of employment that were fair and reasonable. The court also found that the agreement met the "no disadvantage" test, as it provided for protections that were at least as good as those provided by the applicable award.

The final orders of the court were that the application for approval of the enterprise agreement be granted, and that the agreement be approved as a registered agreement under section 182 of the Fair Work Act. The agreement was to be registered and published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established