DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT
(AG2020/2976)

ITEST NDT UNION COLLECTIVE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 16 OCTOBER 2020

Application for approval of the ITest NDT Union Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the ITest NDT Union Collective 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 Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 October 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Independent Testing and Inspection Services (Vic) Pty Ltd, trading as ITest NDT, sought approval for the ITest NDT Union Collective Agreement 2020 from the Fair Work Commission. The primary dispute centred around the terms and conditions set forth in the collective agreement, specifically regarding wages and other employment conditions for workers within the organisation. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the agreement adequately provided for the fair and efficient resolution of workplace issues, whether it complied with the statutory minimum standards, and whether the process of developing the agreement was fair and appropriate. The Commission also considered whether the agreement provided for appropriate mechanisms for future bargaining and modification of terms and conditions.

In assessing the application, the Commission examined the evidence provided by the parties and the fairness of the proposed terms. It was determined that the agreement met the statutory requirements for approval, as it included provisions for fair and efficient resolution of workplace issues and adhered to the statutory minimum standards. The Commission found that the process of developing the agreement was fair and appropriate, and that the agreement provided for suitable mechanisms for future bargaining and modification of terms and conditions. Consequently, the Commission approved the ITest NDT Union Collective Agreement 2020.

The Fair Work Commission approved the ITest NDT Union Collective Agreement 2020, finding it to be fair and appropriate in terms of its provisions for the resolution of workplace issues, compliance with statutory minimum standards, and mechanisms for future bargaining and modification of terms and conditions.

Independent Testing and Inspection Services (Vic) Pty Ltd T/A ITest NDT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established