DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IFM Services Pty Ltd
(AG2020/3892)

IFM SERVICES GREATER AUSTRALIA ENTERPRISE AGREEMENT 2020

Hospitality industry
COMMISSIONER WILLIAMS	PERTH, 11 FEBRUARY 2021

Application for approval of the IFM Services Greater Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the IFM Services Greater Australia 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 United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2021. The nominal expiry date of the Agreement is 10 February 2025.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved IFM Services Pty Ltd, which sought approval of the IFM Services Greater Australia Enterprise Agreement 2020. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval. The agreement in question was an enterprise agreement under the Fair Work Act 2009, intended to regulate the employment terms and conditions for IFM Services' employees across Australia.

The legal issues before the Commission centred on whether the agreement complied with the statutory requirements of the Fair Work Act. Specifically, the Commission had to assess if the agreement had been made in accordance with the procedural and substantive requirements of the Act. This involved examining whether the agreement had been genuinely negotiated, if it covered all necessary terms and conditions, and if it met the 'better off overall' test. This test ensures that the agreement provides employees with no less favourable financial or other conditions of employment than they would have under their applicable award or existing enterprise agreement.

In considering these issues, the Commission reviewed the evidence and submissions provided by IFM Services and the union representatives. The Commission found that the agreement had been genuinely negotiated and covered all necessary terms. It also determined that the agreement met the 'better off overall' test, as the employees would be better off with the new agreement than under their previous award. Therefore, the Commission approved the IFM Services Greater Australia Enterprise Agreement 2020.

No further orders were made beyond the approval of the agreement. The decision stands as a clear affirmation of the agreement's compliance with the statutory requirements, ensuring that IFM Services' employees are now governed by the terms and conditions set out in the approved agreement.

IFM Services 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