DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Industry Education Networking Pty Ltd t/a ITEC Health and Safe Pathways
(AG2016/3478)

ITEC HEALTH AND SAFE PATHWAYS ENTERPRISE AGREEMENT 2016-2019

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 22 JULY 2016

Application for approval of the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Industry Education Networking Pty Ltd t/a ITEC Health and Safe Pathways. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2016. The nominal expiry date of the Agreement is 21 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Industry Education Networking Pty Ltd, trading as ITEC Health and Safe Pathways, and the Fair Work Commission. The dispute concerns the application for approval of the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019. The case was heard by the Fair Work Commission, presided over by Commissioner A.J. O’Brien.

The legal issues the court was required to decide included whether the enterprise agreement complied with the Fair Work Act 2009, specifically concerning the provisions regarding minimum wages, penalty rates, and other conditions of employment. Additionally, the court needed to determine if the agreement was fairly negotiated and if it met the requirements for being a "single, simple and coherent" document. The court also needed to consider if the agreement provided for a proper balance between the interests of employers and employees.

The Fair Work Commission found that the enterprise agreement was generally compliant with the Fair Work Act 2009. The agreement was found to provide for appropriate minimum wages and penalty rates for the employees, and it was determined that the agreement was fairly negotiated. The Commission also found that the agreement was a single, simple, and coherent document, meeting all the statutory requirements. The balance between the interests of employers and employees was considered adequate, with provisions that were fair and reasonable. The application for approval of the enterprise agreement was subsequently approved by the Fair Work Commission.

The final orders of the Fair Work Commission were that the ITEC Health and Safe Pathways Enterprise Agreement 2016-2019 be approved as a certified agreement under the Fair Work Act 2009. The agreement was to apply to all employees of Industry Education Networking Pty Ltd, trading as ITEC Health and Safe Pathways, from the date of the Commission's decision.

Industry Education Networking Pty Ltd t/a ITEC Health and Safe Pathways

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established