Independent Testing and Inspection Services Pty Ltd Summary

[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

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.

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.

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.

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

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

ANNEXURE A

Independent Testing and Inspection Services Pty Ltd applied to the Fair Work Commission for approval of a greenfields agreement, the AMWU and ITEST Metal Engineering North East Link Project Agreement 2023-2026. The application was made under section 185 of the Fair Work Act 2009. The agreement is a greenfields agreement, and the Commission must approve it if satisfied that the requirements in sections 186 and 187 of the Act are met. The legal issues before the Commission included whether the Australian Manufacturing Workers Union (AMWU) is entitled to represent the industrial interests of a majority of employees covered by the agreement and whether it is in the public interest to approve the agreement.

The Commission found that the AMWU was entitled to represent the majority of employees and that it was in the public interest to approve the agreement. An issue regarding Trainee rates of pay was raised by the Commission. The applicant provided written undertakings in relation to the matter. The views of the AMWU were sought in relation to those undertakings, and in accordance with section 191(1) of the Act, the undertakings are taken to be a term of the Agreement. The agreement was approved and will operate from 4 September 2024, with a nominal expiry date of 1 July 2026.

Independent Testing and Inspection Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established