Inmarsat Solutions BV Summary

[2014] FWCA 1677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Inmarsat Solutions BV
(AG2014/3910)

INMARSAT LAND EARTH STATION ENTERPRISE AGREEMENT 2014

Telecommunications services
COMMISSIONER CLOGHAN	PERTH, 17 MARCH 2014

Application for approval of the Inmarsat Land Earth Station Enterprise Agreement 2014.

[1] On 6 March 2014, Inmarsat Solutions BV made application for approval of a single enterprise agreement to be known as the Inmarsat Land Earth Station Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 26 February 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has declared that the CEPU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the CEPU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the CEPU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 24 March 2014.

[7] The nominal expiry date of this Agreement is 31 March 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Inmarsat Solutions BV, the Fair Work Commission was presented with an application for the approval of the Inmarsat Land Earth Station Enterprise Agreement 2014. This agreement was proposed to be made pursuant to section 234 of the Fair Work Act 2009, as a greenfield agreement. The applicant, Inmarsat Solutions BV, sought the approval to ensure that the terms and conditions of employment for its employees would be governed by this new agreement. The dispute centred around the appropriateness and fairness of the proposed agreement terms in light of the statutory requirements under the Fair Work Act.

The legal issues before the Commission involved whether the agreement met the criteria for approval under section 234 of the Act, including whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith. Additionally, the Commission had to assess whether the agreement appropriately balanced the interests of the employees and the employer, in accordance with the principles of industrial fairness and the broader objectives of the Fair Work Act.

In delivering its decision, the Commission carefully examined the proposed terms and conditions of the agreement, considering various submissions from both the employer and the employees' representatives. The Commission found that the agreement was fair and reasonable, providing adequate protections and benefits for the employees. The Commission also concluded that the agreement was made in good faith, and it appropriately balanced the interests of both parties. Consequently, the Commission approved the Inmarsat Land Earth Station Enterprise Agreement 2014, making it a legally binding agreement between Inmarsat Solutions BV and its employees.

Inmarsat Solutions BV

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established