DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Inselec Pty Ltd
(AG2015/5309)

INSELEC PTY LTD AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Inselec Pty Ltd Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Inselec Pty Ltd Agreement 2015 (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] 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] Subject to the undertakings referred to above, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 November 2015. The nominal expiry date of the Agreement is 16 November 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Inselec Pty Ltd was the subject of a recent decision by the Fair Work Commission, where the applicant sought approval for the Inselec Pty Ltd Agreement 2015. The applicant, Inselec, argued that the agreement was necessary to establish the terms and conditions of employment for its employees, ensuring that they had fair and just terms of employment while also allowing the business to operate effectively. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a safety net of minimum wages and conditions, whether it was consistent with the Fair Work Act's objectives and principles, and whether it allowed for genuine agreement between the parties. The applicant needed to demonstrate that the proposed agreement was not less favourable than the applicable awards or other industrial instruments and that it allowed for genuine agreement between the employer and the employees.

In reaching its decision, the Commission considered the terms of the proposed agreement, the evidence provided by both parties, and the relevant provisions of the Fair Work Act. The Commission found that the proposed agreement met the criteria for approval, as it provided for a safety net of minimum wages and conditions and was consistent with the objectives and principles of the Fair Work Act. The Commission also determined that the agreement allowed for genuine agreement between the parties, as it provided for a fair and just process for resolving disputes and allowed for employee representation in the workplace.

The Fair Work Commission approved the Inselec Pty Ltd Agreement 2015, finding that it met the necessary criteria under the Fair Work Act. The approved agreement will now serve as the basis for the terms and conditions of employment for Inselec's employees, ensuring that they have fair and just terms of employment while also allowing the business to operate effectively.

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