DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inmarsat Solutions B.V.
(AG2019/480)

INMARSAT LAND EARTH STATION ENTERPRISE AGREEMENT 2018

Telecommunications services
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 MAY 2019

Application for approval of the Inmarsat Land Earth Station Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Inmarsat Land Earth Station Enterprise Agreement 2018 (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 Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 16 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Inmarsat Solutions B.V., applied for approval of the Inmarsat Land Earth Station Enterprise Agreement 2018. The respondent, the Communications, Electrical, and Plumbing Union of Australia (CEPU), opposed the application. The primary dispute centred on the proposed changes to the enterprise agreement, particularly concerning employee entitlements and classification issues.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable and whether they complied with the requirements of the Fair Work Act 2009. The Commission had to consider the fairness and reasonableness of the changes in light of the principles established by the Fair Work Act and relevant case law. Additionally, the Commission needed to assess whether the agreement met the criteria for approval under section 234 of the Act, which requires that the agreement be fair and reasonable.

The Commission found that the changes proposed in the Inmarsat Land Earth Station Enterprise Agreement 2018 were fair and reasonable. The Commission noted that the changes were based on the need to adapt to changes in the business environment and the necessity to remain competitive. The Commission also considered the submissions from both parties and the evidence provided. The Commission concluded that the proposed changes did not unjustifiably disadvantage employees and were in line with the principles of the Fair Work Act. Consequently, the application for approval was successful.

The Fair Work Commission approved the Inmarsat Land Earth Station Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the specified date. The Commission's decision was based on the determination that the agreement met the criteria for approval as it was fair and reasonable and complied with the requirements of the Fair Work Act.

Inmarsat Solutions B.V.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established