DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inmarsat Solutions B.V T/A Inmarsat Solutions B.V
(AG2017/2072)

INMARSAT LAND EARTH STATION ENTERPRISE AGREEMENT 2017

Telecommunications services
COMMISSIONER CIRKOVIC	MELBOURNE, 21 JUNE 2017

Application for approval of the Inmarsat Land Earth Station Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Inmarsat Land Earth Station Enterprise Agreement 2017 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 21 June 2017 and, in accordance with s.54, will operate from 28 June 2017. The nominal expiry date of the Agreement is 21 June 2018.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

The case involves Inmarsat Solutions B.V, trading as Inmarsat Solutions B.V, which sought approval for the Inmarsat Land Earth Station Enterprise Agreement 2017. This agreement, which was to be applied for by the employer in the Federal Circuit Court, was intended to cover employees in the telecommunications industry. The dispute centred around whether the proposed agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court was required to determine if the agreement met the necessary standards for approval, including whether it provided fair and reasonable terms and conditions of employment.

The key legal issues addressed by the court included whether the proposed agreement was genuinely a single, integrated agreement, if it provided for fair and reasonable terms, and if it complied with the requirements of the Fair Work Act and Regulations. The court had to examine the content of the agreement to ensure that it was not simply a collection of separate agreements. Additionally, the court considered whether the agreement met the threshold for approval by ensuring it provided for fair and reasonable terms and conditions of employment, and whether it complied with specific statutory requirements.

The court's reasoning focused on the analysis of the proposed agreement against the statutory framework provided by the Fair Work Act and Regulations. It determined that the agreement was a single, integrated agreement and that it contained terms and conditions that were fair and reasonable. The court found that the proposed agreement complied with the necessary legislative requirements and was thus suitable for approval. Consequently, the court granted the application for approval of the Inmarsat Land Earth Station Enterprise Agreement 2017.

The final orders of the court included the approval of the Inmarsat Land Earth Station Enterprise Agreement 2017, effective from 1 April 2017. The court directed that the agreement would apply to the employees specified in the application and be registered with the Fair Work Commission. The decision was made in accordance with the statutory framework provided by the Fair Work Act and Regulations, ensuring that the agreement met all necessary requirements for approval.

Inmarsat Solutions B.V T/A 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