DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intercon Engineering Pty Ltd T/A Intercon Engineering Pty Ltd
(AG2019/4505)

INTERCON ENGINEERING PTY LTD NATIONAL ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 24 FEBRUARY 2020

Application for approval of the Intercon Engineering Pty Ltd National Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Intercon Engineering Pty Ltd National Enterprise Agreement 2019-2023 (the Agreement). The Applicant 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).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. 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.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intercon Engineering Pty Ltd, trading as Intercon Engineering Pty Ltd, applied to the Fair Work Commission for approval of the National Enterprise Agreement 2019-2023. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees and whether it complied with the necessary legislative criteria.

The legal issues before the Commission included whether the agreement provided for minimum terms and conditions, ensured procedural fairness, and adequately addressed the needs and interests of the employees. Additionally, the Commission had to consider whether the agreement provided for genuine bargaining and whether it was free from any coercion or undue influence. The Commission also examined whether the agreement included appropriate provisions for the resolution of disputes and provided for a fair and transparent process for its approval.

In delivering its decision, the Commission highlighted that the agreement was the result of genuine bargaining between the employer and the employees. The Commission found that the agreement provided for minimum terms and conditions, ensuring procedural fairness and meeting the needs and interests of the employees. The Commission also noted that the agreement contained provisions for the resolution of disputes and provided for a fair and transparent process for its approval. Given these findings, the Commission approved the Intercon Engineering Pty Ltd National Enterprise Agreement 2019-2023, recognising it as meeting the requirements of the Fair Work Act 2009.

The Commission ordered that the Intercon Engineering Pty Ltd National Enterprise Agreement 2019-2023 be approved and registered with the Fair Work Commission. The agreement was to be binding on all parties from the date of the Commission's approval, and the employer was required to implement the agreement in accordance with its terms. The Commission also directed that a copy of the approved agreement be provided to all relevant parties and that the agreement be published on the Fair Work Commission's website.

Intercon Engineering Pty Ltd T/A Intercon 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