Independent Testing and Inspection Services (Vic) Pty Ltd Summary

[2024] FWCA 1368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Independent Testing and Inspection Services (Vic) Pty Ltd

(AG2024/1145)

ITEST NDT UNION COLLECTIVE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 17 APRIL 2024

Application for approval of the ITEST NDT Union Collective Agreement 2023

An application has been made for approval of an enterprise agreement known as the ITEST NDT Union Collective Agreement 2023 (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. The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2024. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Independent Testing and Inspection Services (Vic) Pty Ltd sought approval from the Fair Work Commission of the ITEST NDT Union Collective Agreement 2023. The dispute centred on whether the terms and conditions outlined in the proposed agreement met the statutory requirements under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement provided for the minimum entitlements of employees, did not unfairly disadvantage any individual employee, and adhered to the relevant legislative standards.

The legal issues before the Commission included whether the proposed conditions concerning wages, hours of work, leave entitlements, and other employment terms complied with the minimum standards prescribed by the Fair Work Act. Additionally, the Commission had to assess if the agreement included appropriate mechanisms for resolving workplace disputes and if it allowed for flexibility in meeting the needs of the business while safeguarding employee rights. The Commission also needed to consider whether the agreement appropriately balanced the interests of both employers and employees.

Upon reviewing the proposed agreement, the Commission found that it met the statutory requirements under the Fair Work Act. The agreement provided for minimum entitlements and contained provisions that did not unfairly disadvantage employees. The Commission was satisfied that the terms regarding wages, leave, and dispute resolution mechanisms were in line with the legislative standards. Therefore, the Commission approved the ITEST NDT Union Collective Agreement 2023, finding it to be fair and reasonable in all respects.

Independent Testing and Inspection Services (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established