DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innov8tive Services Pty Ltd
(AG2021/6978)

INNOV8TIVE SERVICES ENTERPRISE AGREEMENT 2021- 2025

Electrical contracting industry
COMMISSIONER O'NEILL	MELBOURNE, 13 SEPTEMBER 2021

Application for approval of the Innov8tive Services Enterprise Agreement 2021- 2025.

[1] Innov8tive Services Pty Ltd has applied for approval of an enterprise agreement known as the Innov8tive Services Enterprise Agreement 2021- 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2021. The nominal expiry date of the Agreement is 12 September 2025.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Innov8tive Services Pty Ltd, the applicant sought approval from the Fair Work Commission for the Innov8tive Services Enterprise Agreement 2021-2025. The applicant's dispute revolved around the terms and conditions of employment for its employees as stipulated in the proposed agreement. The matter was heard in the Fair Work Commission, which has jurisdiction over such industrial disputes.

The legal issues before the Commission were whether the proposed enterprise agreement was a "better off overall test" compliant agreement, whether it adhered to the terms of the Fair Work Act 2009, and whether it was in the best interests of the employees. The applicant argued that the agreement was beneficial for both the employees and the employer, and that it complied with all legislative requirements. The Commission needed to determine if the agreement met the criteria for approval under the Act.

The Commission carefully examined the provisions of the proposed agreement and found that it met the better off overall test, as the employees would be better off with the new agreement than under the previous one. It also concluded that the agreement was compliant with the Fair Work Act and that it was in the best interests of the employees. Consequently, the Commission approved the Innov8tive Services Enterprise Agreement 2021-2025, taking into account the arguments presented by the applicant and the rights of the employees.

As a result of the Court's decision, the Innov8tive Services Enterprise Agreement 2021-2025 was approved. This decision provided clarity and certainty for both the employer and the employees regarding the terms and conditions of employment during the period of the agreement. The approval of the agreement demonstrated the Fair Work Commission's commitment to facilitating fair and effective industrial relations in Australia.

Innov8tive Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established