Industrial Building Systems Pty Ltd

[2014] FWCA 2465

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industrial Building Systems Pty Ltd
(AG2014/552)

INDUSTRIAL BUILDING SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 APRIL 2014

Application for approval of the Industrial Building Systems Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Industrial Building Systems Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Industrial Building Systems Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 April 2014. The nominal expiry date of the Agreement is 30 October 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Industrial Building Systems Pty Ltd was the subject of an application for the approval of an enterprise agreement, the Industrial Building Systems Pty Ltd Enterprise Agreement 2014. The application was lodged with the Fair Work Commission, Australia's workplace relations tribunal. The applicant, Industrial Building Systems, sought approval of the agreement under the Fair Work Act 2009. The agreement, which was to cover employees of the company, was subject to the scrutiny of the Commission to ensure compliance with the legislative framework governing enterprise agreements.

The primary legal issues before the Commission included whether the agreement had been made in accordance with the procedural requirements set out in the Fair Work Act, and whether it met the substantive requirements such as ensuring the agreement does not unfairly disadvantage any employee. The Commission needed to determine if the agreement provided for appropriate minimum terms and conditions, and whether it was free from any provisions that could be considered contrary to the public interest. Additionally, the Commission had to assess whether the agreement was genuinely negotiated between the parties and whether the employees had been adequately informed and consulted about its contents.

In considering these issues, the Commission examined the process through which the agreement was formed, including evidence of genuine negotiation and consultation. The Commission also assessed the substantive provisions of the agreement against the statutory minimum terms and conditions. Finding that the agreement satisfied the procedural and substantive requirements, the Commission approved the Industrial Building Systems Pty Ltd Enterprise Agreement 2014. The decision was based on the evidence that the agreement was negotiated in good faith and provided for terms and conditions that were not less favourable than the relevant minimum standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established