INT Consultants Pty Ltd

[2021] FWCA 6350

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INT Consultants Pty Ltd
(AG2021/7828)

INT CONSULTANTS PTY LTD T/A ADVANCED GROUP SERVICES AUSTRALIA & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 OCTOBER 2021

Application for approval of the INT Consultants Pty Ltd t/a Advanced Group Services Australia & ETU NSW Construction Enterprise Agreement 2021

[1] INT Consultants Pty Ltd has made an application for approval of the INT Consultants Pty Ltd t/a Advanced Group Services Australia & ETU NSW Construction Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] 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.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with CEPU and that the Agreement covers this organisation.

[5] The Agreement was approved on 20 October 2021 and, in accordance with s 54, will operate from 27 October 2021. The nominal expiry date of the Agreement is 31 October 2022

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

INT Consultants Pty Ltd, trading as Advanced Group Services Australia, applied to the Fair Work Commission for approval of the INT Consultants Pty Ltd t/as Advanced Group Services Australia & ETU NSW Construction Enterprise Agreement 2021. The Enterprise Bargaining Union involved was the ETU NSW. The primary dispute centred around whether the proposed agreement met the legal criteria for approval, including provisions on wages, conditions, and other employment terms.

The legal issues before the Fair Work Commission involved determining whether the proposed agreement was in the public interest, provided a safety net for employees, and was consistent with the Fair Work Act 2009. Specifically, the Commission examined if the agreement complied with the legislative requirements, if the bargaining process was genuine, and if the terms of the agreement were fair and reasonable.

The Commission held that the agreement was consistent with the relevant legislative requirements and was in the public interest. It found that the agreement provided an appropriate safety net for employees and was a genuine outcome of bargaining between the parties. The terms of the agreement were deemed fair and reasonable, meeting all statutory criteria for approval. Consequently, the Fair Work Commission approved the agreement.

The final orders of the Commission were that the INT Consultants Pty Ltd t/as Advanced Group Services Australia & ETU NSW Construction Enterprise Agreement 2021 be approved and registered, effective from the date of the decision. This decision is now binding on the parties and provides a framework for employment conditions within the scope of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established