DECISION

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

Intercon Engineering Pty Ltd T/A Intercon Engineering
(AG2015/1364)

INTERCON ENGINEERING PTY LTD NATIONAL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2015

Application for approval of the Intercon Engineering Pty Ltd National Enterprise Agreement 2015.

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

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 27 August 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Business Development Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 September 2019.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intercon Engineering Pty Ltd, trading as Intercon Engineering, brought an application before the Fair Work Commission for the approval of the Intercon Engineering Pty Ltd National Enterprise Agreement 2015. The application involved a dispute between the employer and the employees regarding the terms and conditions of employment as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act, specifically whether it contained the necessary procedural elements, and whether it was made in good faith. This included assessing whether the agreement provided for proper representation of the employees, whether the agreement's terms were fair and reasonable, and whether it met the requirements for direct communication and genuine bargaining between the parties.

The Commission examined the evidence presented by both Intercon Engineering and the employees' representatives. It found that the agreement was made in good faith and that the process followed adhered to the legal requirements. The Commission noted that the agreement included provisions for employee representation, and that the terms were fair and reasonable. Consequently, the Commission approved the Intercon Engineering Pty Ltd National Enterprise Agreement 2015, finding that it met all the necessary legal criteria. The decision was made in the interest of ensuring fair and effective industrial relations between the employer and the employees.

Intercon Engineering Pty Ltd T/A Intercon Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established