DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovative Asset Solutions Pty Ltd
(AG2019/533)

IAS GROUP ENTERPRISE AGREEMENT 2019-2023

Mining industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 2 JULY 2019

Application for approval of the IAS Group Enterprise Agreement 2019-2023.

[1] Innovative Asset Solutions Pty Ltd has applied for approval of an enterprise agreement known as the IAS Group Enterprise Agreement 2019-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] Since the application was made on 1 March 2019, concerns were raised in relation to whether the Agreement passes the “better off overall” test.

[3] The Applicant addressed the concerns initially in conference on 13 June 2019 and subsequently provided further information in relation to the concerns.

[4] Written undertakings were given in accordance with s.190 of the Act (attached at Annexure A). Employee bargaining representatives provided views in support of the 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.

[5] Noting clause 4.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the application, accompanying statutory declaration and further information provided on request of the Commission, 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.

[7] The Agreement was approved on 2 July 2019 and, in accordance with s.54, will operate from 9 July 2019. The nominal expiry date of the Agreement is 2 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Innovative Asset Solutions Pty Ltd, along with its affiliated companies, applied for approval of their enterprise agreement 2019-2023. The application was made under the Fair Work Act 2009, specifically targeting the Fair Work Commission's authority to assess and approve such agreements. The applicant argued that the proposed agreement met the statutory requirements and provided a fair and reasonable outcome for both employers and employees.

The primary legal issues before the court revolved around whether the agreement complied with the relevant provisions of the Fair Work Act and whether it met the criteria for fairness and reasonableness as outlined in the Act. The court needed to consider various factors, including the process by which the agreement was negotiated, the provisions within the agreement itself, and the impact on employees and employers alike. The applicant contended that the agreement was negotiated in good faith and represented a fair and balanced outcome.

The court found that the Innovative Asset Solutions Pty Ltd's application for approval of the enterprise agreement met the statutory requirements under the Fair Work Act. The agreement was negotiated in good faith and contained provisions that were fair and reasonable. The court was satisfied that the process followed was transparent and that the agreement adequately balanced the interests of both employers and employees. Consequently, the court approved the agreement, ensuring that it would become legally binding on the parties involved.

The final orders included the approval of the Innovative Asset Solutions Pty Ltd Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be registered and published on the Fair Work Commission's website, making it accessible to all relevant parties. The court's decision confirmed the agreement's compliance with the Fair Work Act and its appropriateness for implementation in the workplace.

Innovative Asset Solutions 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