DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inselec Pty Ltd
(AG2016/1079)

INSELEC PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 7 JUNE 2016

Application for approval of the INSELEC Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the INSELEC Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Inselec 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 Agreement was approved on 7 June 2016 and, in accordance with s.54, will operate from 14 June 2016. The nominal expiry date of the Agreement is 6 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inselec Pty Ltd applied to the Fair Work Commission for approval of the INSELEC Pty Ltd Enterprise Agreement 2016. The respondent, the National Tertiary Education Union, opposed the application on several grounds, including that the agreement failed to adequately protect employees' rights to access education and training. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement provided for the "better off overall test" (BOOT), which requires that employees be no worse off financially and, in some cases, better off overall compared to the applicable awards or agreements. Additionally, the court had to assess whether the agreement complied with the "good faith" bargaining requirement and other provisions of the Act. The Commission examined the terms of the agreement, including provisions related to wages, conditions, and access to education and training.

The Commission found that the agreement did indeed meet the BOOT, as it provided for wage increases and other benefits that were commensurate with the applicable awards. The Commission also found that the agreement complied with the good faith bargaining requirement, as it was the product of genuine negotiations between the parties. The Commission rejected the union's argument that the agreement failed to adequately protect employees' rights to access education and training, finding that the agreement contained sufficient provisions in this regard. The Commission approved the agreement, finding that it met all the statutory requirements for approval under the Act.

In approving the agreement, the Commission made an order that the INSELEC Pty Ltd Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement is now legally binding on all parties and will apply to all employees covered by the agreement. The Commission's decision provides clarity on the requirements for approving enterprise agreements and the role of the Commission in this process.

Inselec 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