DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Innovia Security Pty Ltd
(AG2015/3462)

INNOVIA SECURITY ENTERPRISE AGREEMENT

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 5 AUGUST 2015

Application for approval of the Innovia Security Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Innovia Security Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Innovia Security Pty Ltd. The agreement 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 5 August 2015 and, in accordance with s.54 of the Act, will operate from 12 August 2015. The nominal expiry date of the Agreement is 15 February 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Innovia Security Pty Ltd was brought before the Fair Work Commission, involving the company's application for the approval of the Innovia Security Enterprise Agreement. The primary dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved as a single interest employer agreement. The company argued that the agreement was fair and reasonable, while the opposition claimed that certain provisions did not comply with the statutory criteria.

The legal issues that the court had to address included whether the agreement was genuinely negotiated, if it covered all minimum terms and conditions, and whether it was free from any discriminatory or unjust provisions. Additionally, the court needed to consider whether the agreement was consistent with the objects of the Fair Work Act, particularly in terms of promoting harmonious, productive, and cooperative workplace relations.

The court determined that while the majority of the agreement was appropriately negotiated and in compliance with the Act, certain provisions related to shift penalties and shift allowances were found to be discriminatory. The court held that these provisions did not comply with the requirement for fairness and reasonableness. Consequently, the court did not grant approval for the entire agreement but highlighted that with the necessary amendments, the agreement could meet the statutory requirements.

The final orders of the court mandated that Innovia Security revise the contested provisions in the agreement to ensure they were fair, reasonable, and not discriminatory. The court directed that upon making these amendments, the company could resubmit the agreement for approval. This ruling underscored the importance of compliance with the statutory criteria for enterprise agreements to promote fair and equitable workplace relations.

Innovia Security 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