Induspect Pty Ltd

[2013] FWCA 5757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Induspect Pty Ltd
(AG2013/2121)

THE INDUSPECT ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 15 AUGUST 2013

Application for approval of the The Induspect Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the The Induspect Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Induspect Pty Ltd is the applicant seeking approval of the Induspect Enterprise Agreement 2013. The respondent, Australian Workers Union, opposed the approval. The case was heard in the Fair Work Commission. The dispute centres on the terms of the agreement and whether it meets the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues involved whether the agreement contained genuine bargaining and was free from prohibited content. The court had to determine if the agreement was made in good faith, and whether it included any terms that were contrary to public policy or that contravened any provision of the Fair Work Act. The court also considered whether the agreement provided for proper representation of the employees and if the bargaining process was conducted in an appropriate manner.

The Fair Work Commission found that the agreement was the product of genuine bargaining and did not contain any terms that were contrary to public policy or the Fair Work Act. The court emphasised that the bargaining process was transparent and involved proper representation of the employees. The Commission concluded that the agreement was fair and reasonable and approved the Induspect Enterprise Agreement 2013.

The Commission ordered that the agreement be registered and made binding on the parties, effective from the date of the approval. The agreement was to be given to both parties and lodged with the Fair Work Commission within ten days of the decision. The Commission's decision brought finality to the dispute and ensured that the terms of the agreement would be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established