DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ingal EPS
(AG2015/2641)

INGAL EPS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Ingal EPS Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ingal EPS 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 Ingal EPS. 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 28 May 2015. The nominal expiry date of the Agreement is 8 December 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Australian Workers' Union to the Fair Work Commission for approval of the Ingal EPS Enterprise Agreement 2014. The dispute centred on whether the agreement met the criteria set out in the Fair Work Act 2009, particularly concerning its compliance with the "better off overall test" and its adherence to the provisions of the National Employment Standards.

The primary legal issue was whether the proposed agreement provided employees with outcomes that were no worse than their existing conditions and whether it complied with the requirements of the Fair Work Act. The court had to consider if the agreement met the statutory obligations, including the provision of appropriate minimum entitlements and whether the agreement was fairly negotiated.

In determining the matter, the Fair Work Commission found that the Ingal EPS Enterprise Agreement 2014 did indeed meet the "better off overall test". The commission acknowledged that the agreement provided employees with improved outcomes in several areas, including pay rates, leave entitlements, and other conditions of employment. The commission concluded that the agreement was appropriately negotiated and did not contravene any provisions of the Fair Work Act. Therefore, the commission approved the agreement.

Consequently, the Fair Work Commission issued an order approving the Ingal EPS Enterprise Agreement 2014, effective from the date of the decision. The agreement was deemed to be compliant with the statutory requirements and was authorised for operation.

Ingal EPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established