Independent Testing and Inspection Services Pty Ltd

[2024] FWCA 3099

[2024] FWCA 3099

The attached document replaces the document previously issued with the above code on 28 August 2024.

Change:
Publication ID number is inserted

Associate to Commissioner Redford

Dated 29 August 2024

[2024] FWCA 3099

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Independent Testing and Inspection Services Pty Ltd

(AG2024/2964)

AMWU AND ITEST (INDEPENDENT TESTING & INSPECTION SERVICES (VIC) PTY LTD) Metal Engineering North East Link Project Agreement 2023 – 2026

Building and construction industry

COMMISSIONER REDFORD MELBOURNE, 28 AUGUST 2024

Application for approval of a greenfields agreement

1. An application has been made for approval of a greenfields agreement known as the AMWU AND ITEST (INDEPENDENT TESTING & INSPECTION SERVICES (VIC) PTY LTD) Metal Engineering North East Link Project Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. The Commission must approve the Agreement if satisfied that the requirements in ss 186 and 187 of the Act are met.

1. I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Australian Manufacturing Workers Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.  

1. An issue was raised by the Commission in relation to Trainee rates of pay under the agreement. The Applicant has provided written undertakings in relation to that matter and a copy of the undertakings is attached in Annexure A. Pursuant to s 190(4) of the Act the views of the AMWU were sought in relation to those undertakings. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. Pursuant to s.53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 4 September 2024. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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ANNEXURE A