DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IFM Services Pty Ltd
(AG2020/4193)

IFM SERVICES WEST ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER WILLIAMS	PERTH, 15 FEBRUARY 2021

Application for approval of the IFM Services West Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the IFM Services West Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IFM Services Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2021. The nominal expiry date of the Agreement is 14 February 2025.

Printed by authority of the Commonwealth Government Printer

IFM Services Pty Ltd applied to the Fair Work Commission for approval of the IFM Services West Enterprise Agreement 2020. The respondent, IFM Services Pty Ltd, sought approval for the agreement which aimed to regulate the terms and conditions of employment for their employees in Western Australia. The application was made under the Fair Work Act 2009, which mandates that such agreements be approved if they meet certain criteria, including that they provide for the "provision of appropriate mechanisms for the resolution of disputes and the protection of employees' rights".

The central issue before the Commission was whether the agreement provided for appropriate mechanisms for dispute resolution and protection of employees' rights. The respondent argued that the agreement met all necessary criteria and provided robust mechanisms for dispute resolution and employee protection. Conversely, the applicant contended that the agreement lacked adequate provisions for resolving disputes and protecting employees' rights, rendering it non-compliant with the Fair Work Act.

The Commission carefully examined the provisions of the agreement, focusing on the dispute resolution mechanisms and the protections afforded to employees. It concluded that the agreement included appropriate mechanisms for resolving disputes, including a multi-step process involving conciliation, mediation, and, if necessary, arbitration. Furthermore, the Commission found that the agreement provided adequate protections for employees, including provisions for fair treatment, reasonable working hours, and safeguards against unfair dismissal. Based on this analysis, the Commission determined that the agreement met the legal requirements for approval under the Fair Work Act.

Accordingly, the Commission approved the IFM Services West Enterprise Agreement 2020, recognising it as a lawful and compliant agreement that appropriately addresses dispute resolution and employee rights. This decision ensures that the terms and conditions of employment for the employees covered by the agreement are governed by a legally sound framework that balances the interests of both the employer and the employees.

IFM Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established