Application by Isologics Pty Ltd T/A Isologics Pty Ltd Summary

[2022] FWCA 3482

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Application by Isologics Pty Ltd T/A Isologics Pty Ltd

(AG2022/3657)

IsoLogics Enterprise Agreement 2022 - 2026

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 10 OCTOBER 2022

Application for approval of the IsoLogics Enterprise Agreement 2022 - 2026

Isologics Pty Ltd T/A Isologics Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the IsoLogics Enterprise Agreement 2022 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the employee representative regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views.

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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2022. The nominal expiry date of the Agreement is 10 October 2026.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the matter of Isologics Pty Ltd trading as Isologics Pty Ltd, the applicant sought approval from the Fair Work Commission of the IsoLogics Enterprise Agreement 2022-2026. The dispute centred on whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission, comprising of members, was tasked with determining whether the agreement contained all the required provisions, complied with the relevant legislative criteria, and was fair and reasonable in terms of its terms and conditions of employment.

The primary legal issues before the Commission were whether the agreement was genuinely bargained, met the procedural requirements of the Act, and contained all the prescribed minimum terms and conditions. The applicant needed to demonstrate that the agreement was the product of genuine bargaining between the employer and the employees' representatives, and that it included all the minimum entitlements stipulated by the Fair Work Act. Additionally, the Commission had to assess whether the agreement was procedurally sound, including whether it was properly presented and whether there was adequate consultation and negotiation.

The Commission found that the applicant had demonstrated that the agreement was genuinely negotiated between the parties and contained all the necessary minimum terms and conditions. The applicant also provided evidence of proper consultation and negotiation processes, thereby satisfying the procedural requirements. The Commission was satisfied that the agreement was fair and reasonable, and thus approved the IsoLogics Enterprise Agreement 2022-2026. The Commission's decision was based on the evidence presented and the compliance of the agreement with the Fair Work Act. The final orders included the approval of the enterprise agreement, effective from the date of the decision.

Application by Isologics Pty Ltd T/A Isologics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established