Innovative Asset Solutions Pty Ltd

[2019] FWCA 4097

[2019] FWCA 4097

FAIR WORK COMMISSION

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

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Annexure A