DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Insight Systems Group Pty Ltd T/A Insight Systems
(AG2016/3105)

INSIGHT SYSTEMS GROUP PTY LTD ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2016

Application for approval of the InSight Systems Group Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the InSight Systems Group Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Insight Systems Group Pty Ltd t/a Insight Systems. 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The parties involved in this case were Insight Systems Group Pty Ltd, trading as Insight Systems, and the Fair Work Commission (FWC). The dispute centred on the application for approval of the Insight Systems Group Pty Ltd Enterprise Agreement 2015-2019. The matter was heard by Commissioner D. J. Bruechert of the Fair Work Commission. The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the mandated minimum terms and conditions, was free from prohibited content, and was compliant with the procedural requirements for making and approving such agreements.

The court examined the details of the enterprise agreement to ascertain if it complied with the statutory minimum standards outlined in the Fair Work Act. The analysis included a review of the agreement's coverage, the terms and conditions it contained, and whether any of the provisions contravened the Act. Additionally, the court considered whether the agreement had been made in good faith and whether the proper procedures for its negotiation, execution, and approval were followed. Insight Systems argued that the agreement was comprehensive, fair, and in compliance with all legislative requirements. The FWC assessed the agreement against these criteria, taking into account submissions from both parties and relevant precedents.

Upon thorough examination, the court determined that the Insight Systems Group Pty Ltd Enterprise Agreement 2015-2019 was compliant with the Fair Work Act. The agreement was found to incorporate all the mandated minimum terms and conditions, did not include any prohibited content, and adhered to the necessary procedural requirements. The court was satisfied that the agreement had been made in good faith and was fair and reasonable. Consequently, the application for approval was successful, and the enterprise agreement was duly approved.

The final orders of the court were that the Insight Systems Group Pty Ltd Enterprise Agreement 2015-2019 be approved in its entirety, effective from the date of the decision. Insight Systems was directed to take all necessary steps to give effect to the approved agreement, and the agreement was registered on the Register of Approved Agreements.

Insight Systems Group Pty Ltd T/A Insight Systems

DECISION

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