DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics
(AG2019/2082)

IAC ACOUSTICS (AUSTRALIA) PTY LTD SITE LABOUR ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

Application for approval of the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics. 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] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The employer did not notify relevant employees of the time and place at which the vote occurred by the start of the access period. Pursuant to s.188(2), I am satisfied that the agreement would have been genuinely agreed to but for the minor procedural error made in relation to the requirement in s.180(3). I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement was approved on 6 August 2019 and, in accordance with s.54, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision, the Fair Work Commission heard an application for the approval of the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022. The applicant, IAC Acoustics (Australia) Pty Ltd, trading as IAC Acoustics, sought the approval of the proposed enterprise agreement, which outlined the terms and conditions of employment for employees within their organisation. The primary dispute involved the procedural fairness and the substantive fairness of the agreement, specifically regarding the provisions relating to pay rates and conditions.

The legal issues central to the decision were whether the agreement had been made in accordance with the relevant legislative requirements, including the procedural fairness in the manner in which the agreement was negotiated and the fairness of the terms and conditions themselves. The Commission had to determine if the agreement met the 'better off overall test' and whether it contained terms that were fair and reasonable. Additionally, the Commission considered if the agreement was in line with the existing industrial instruments and whether it adequately provided for the rights and obligations of the parties involved.

The Fair Work Commission, after careful consideration, found that the agreement had been negotiated in a procedurally fair manner and that the terms and conditions within the agreement were fair and reasonable. The Commission emphasised the importance of ensuring that employees were 'better off overall' with the new agreement compared to their previous conditions. The agreement's provisions, including those related to pay rates and conditions, were deemed to meet this requirement. Furthermore, the Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or that would undermine the existing industrial framework.

In conclusion, the Fair Work Commission approved the IAC Acoustics (Australia) Pty Ltd Site Labour Enterprise Agreement 2019-2022, recognising it as a fair and reasonable agreement that met the statutory requirements. The Commission's decision confirmed the procedural and substantive fairness of the agreement, ensuring that it would provide for the rights and obligations of both the employer and employees within the organisation.

IAC Acoustics (Australia) Pty Ltd T/A IAC Acoustics

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established