DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interactive Cabling Pty Ltd T/A Interactive Electrical & Communication Services
(AG2018/5868)

INTERACTIVE CABLING PTY LTD ELECTRICAL AND COMMUNICATIONS ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 12 MARCH 2019

Application for approval of the Interactive Cabling Pty Ltd Electrical and Communications Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Interactive Cabling Pty Ltd Electrical and Communications Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interactive Cabling Pty Ltd T/A Interactive Electrical & Communication Services. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to 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 is approved and, in accordance with s.54 of the Act, will operate from 19 March 2019. The nominal expiry date of the Agreement is 11 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve the Interactive Cabling Pty Ltd Electrical and Communications Enterprise Agreement 2018-2022. The parties involved in this case were Interactive Cabling Pty Ltd, trading as Interactive Electrical & Communication Services, and the Electrical Trades Union of Australia. The dispute centred on whether the terms and conditions set forth in the proposed enterprise agreement were in compliance with the Fair Work Act 2009, and if they were fair and reasonable for the employees covered by the agreement.

The legal issues before the FWC were to determine if the proposed agreement met the statutory requirements under the Fair Work Act and whether it contained terms that were fair and reasonable for the employees. The FWC considered whether the agreement provided for a fair and reasonable rate of pay, working conditions, and benefits that were commensurate with industry standards and the economic circumstances of the parties. Additionally, the FWC had to assess whether the agreement had been genuinely negotiated and if it provided adequate protections and benefits to the employees.

The FWC examined the evidence presented by both parties, including submissions on the economic circumstances and industry standards. The FWC found that the proposed agreement contained terms that were fair and reasonable for the employees, taking into account the nature of the industry, the economic conditions, and the bargaining power of the parties. The FWC was satisfied that the agreement provided for a fair and reasonable rate of pay, working conditions, and benefits that were consistent with industry standards. Furthermore, the FWC concluded that the agreement had been genuinely negotiated between the parties, and it provided adequate protections and benefits to the employees. Based on these findings, the FWC approved the Interactive Cabling Pty Ltd Electrical and Communications Enterprise Agreement 2018-2022.

In conclusion, the FWC approved the proposed enterprise agreement, recognising that it met the statutory requirements under the Fair Work Act and provided fair and reasonable terms and conditions for the employees. The FWC's decision highlights the importance of considering industry standards, economic circumstances, and bargaining power when assessing the fairness of an enterprise agreement. The approval of this agreement will now provide a stable framework for the parties to manage their industrial relations for the duration of the agreement.

Interactive Cabling Pty Ltd T/A Interactive Electrical & Communication Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established