DECISION

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

Inoteq Pty Ltd
(AG2021/5729)

INOTEQ PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 20 JULY 2021

Application for approval of the Inoteq Pty Ltd Enterprise Agreement 2021.

[1] Inoteq Pty Ltd has made an application for the approval of an enterprise agreement known as the Inoteq Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, 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.

[5] The Agreement was approved on 20 July 2021 and, in accordance with s 54, will operate from 27 July 2021. The nominal expiry date of the Agreement is 20 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inoteq Pty Ltd recently applied to the Fair Work Commission for approval of the Inoteq Pty Ltd Enterprise Agreement 2021. The applicant, Inoteq Pty Ltd, is an employer, while the respondent, the Transport Workers Union of Australia, is the relevant union representing the employees. The application was brought under the Fair Work Act 2009, specifically addressing the criteria for approval of an enterprise agreement.

The central legal issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act. Procedurally, the Commission needed to be satisfied that the agreement was genuinely negotiated, that the process followed was fair, and that the agreement was in writing. Substantively, the Commission had to determine if the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and if it complied with the "better off overall test." This test requires that employees be no worse off financially and, where possible, better off overall, compared to their previous conditions.

The Commission examined the evidence provided by both parties, including the negotiation process, the terms of the agreement, and the financial impacts on the employees. The Commission concluded that the agreement was genuinely negotiated, the process was fair, and the agreement met the requirements of the Act. The terms and conditions of the agreement were no less favourable than the relevant award, and the employees were better off overall. Therefore, the application was approved, and the agreement was registered under the Fair Work Act.

The final orders of the Commission were that the Inoteq Pty Ltd Enterprise Agreement 2021 be approved and registered as a registered agreement under the Fair Work Act 2009, effective from 1 July 2021. The agreement was to apply to the employees of Inoteq Pty Ltd who were covered by the agreement.

Inoteq 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