DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Incat Tasmania Pty Ltd
(AG2016/3523)

THE INCAT TASMANIA PTY. LTD. ELECTRONICS EMPLOYEES AGREEMENT, 2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 29 JUNE 2016

Application for approval of The Incat Tasmania Pty. Ltd. Electronics Employees Agreement, 2016.

[1] An application has been made for approval of an enterprise agreement known as The Incat Tasmania Pty. Ltd. Electronics Employees Agreement, 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Incat Tasmania Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 29 June 2016 and, in accordance with s.54, will operate from 6 July 2016. The nominal expiry date of the Agreement is 29 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Incat Tasmania Pty Ltd to approve the Incat Tasmania Pty Ltd Electronics Employees Agreement, 2016. The dispute arose from negotiations between the company and its employees, represented by the Communications, Electrical and Plumbing Union of Australia, concerning the terms of their employment. The application was heard in the Fair Work Commission, which has jurisdiction over matters related to workplace relations and industrial disputes in Australia.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "registerable agreement" and if it complied with the procedural and substantive requirements set out in the legislation. This included assessing whether the agreement was made in good faith, covered the appropriate employees, and provided for the minimum entitlements and conditions as mandated by the Act.

In its decision, the Fair Work Commission examined the negotiation process and the content of the agreement. The Commission noted that the agreement had been negotiated in good faith and that it covered a defined group of employees. It further found that the agreement provided for all the minimum entitlements required by law and did not disadvantage employees in comparison to their previous conditions. The Commission was satisfied that the agreement complied with the relevant statutory provisions and approved it. The decision highlighted the importance of fair and transparent negotiations and adherence to legal requirements in the formation of employment agreements.

The Fair Work Commission approved the Incat Tasmania Pty Ltd Electronics Employees Agreement, 2016, subject to the conditions outlined in the decision. The company and the union were directed to take all necessary steps to implement the agreement, including ensuring that employees were informed of its terms and conditions. The approval was subject to the agreement being registered with the Fair Work Commission within the specified timeframe.

Incat Tasmania 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