Indianic Group Pty Ltd Summary

[2024] FWCA 4250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Indianic Group Pty Ltd

(AG2024/3954)

INDIANIC GROUP & MUA WA INSHORE DIVING ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
COMMISSIONER LIM	PERTH, 2 DECEMBER 2024

Application for approval of the Indianic Group & MUA WA Inshore Diving Enterprise Agreement 2024.

Indianic Group Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Indianic Group & MUA WA Inshore Diving Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act 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.

The Construction, Forestry and Maritime Employees Union (CFMEU) (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 2 December 2024 and, in accordance with s 54, will operate from 9 December 2024. The nominal expiry date of the Agreement is 18 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Indianic Group Pty Ltd, an employer, and the Maritime Union of Australia, an employee representative, in relation to an enterprise agreement. The primary issue was whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement appropriately covered the specified employees and if it provided for fair and reasonable terms and conditions of employment.

The key legal issues centred on the scope of the agreement, the procedural fairness in its formation, and whether the agreement provided for terms and conditions that were fair and reasonable. The Commission examined if the agreement covered all required employees and if the union had properly represented those employees. Additionally, the fairness and reasonableness of the agreement's terms were scrutinised to ensure they met the statutory requirements under the Fair Work Act.

The Fair Work Commission found that the agreement was procedurally sound and had been appropriately formed with fair representation. The terms and conditions outlined in the agreement were deemed fair and reasonable, meeting the statutory requirements. Consequently, the Commission approved the agreement, recognising it as an enterprise agreement under the Act. This decision allowed the agreement to provide the specified terms and conditions for the employees of Indianic Group Pty Ltd.

Indianic Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established