Inmarsat Solutions B.V.
[2022] FWCA 3221
•15 SEPTEMBER 2022
| [2022] FWCA 3221 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Inmarsat Solutions B.V.
(AG2022/3546)
Inmarsat Land Earth Station Enterprise Agreement 2022
| Telecommunications services | |
| DEPUTY PRESIDENT MOLTONI | BRISBANE, 15 SEPTEMBER 2022 |
Application for approval of the Inmarsat Land Earth Station Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Inmarsat Land Earth Station Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inmarsat Solutions B.V. (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.
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.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the Act will prevail where there is an inconsistency between the Agreement and the NES.
I note that front page of the Agreement, the Form F16, and the Form F17 submitted to the Commission at the time the application was made, indicate that the Agreement title is “Inmarsat Land Earth Station Enterprise Agreement 2022”, however clause 1.1 of the Agreement states that the Agreement title is “Inmarsat Land Earth Station Agreement 2018”. The undertakings provided also refer to the Agreement as the “Inmarsat Land Earth Station Enterprise Agreement 2022”. I am satisfied that it is appropriate for the Commission to exercise the discretion available to it under s.586(a) of the Act to correct the title of the Agreement to “Inmarsat Land Earth Station Enterprise Agreement 2022” on the basis that the correction is administrative in nature only.
The Applicant has provided a revised copy of the Agreement that contains the amended correction. It will now be published on the Commission’s website in place of the copy that was submitted to the Commission at the time the application was made.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CEPU.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 September 2025.
DEPUTY PRESIDENT
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