DECISION

Fair Work Act 2009
s.185—Enterprise agreement

INT Consultants Pty Ltd T/A Advanced Group
(AG2018/5325)

ADVANCED GROUP SERVICES ENTERPRISE AGREEMENT 2018 -2022

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 17 JANUARY 2019

Application for approval of the Advanced Group Services Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Group Services Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by INT Consultants Pty Ltd T/A Advanced Group. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2019. The nominal expiry date of the Agreement is 16 January 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of INT Consultants Pty Ltd trading as Advanced Group, the Fair Work Commission was called upon to assess the proposed Advanced Group Services Enterprise Agreement 2018-2022. The application for approval arose from negotiations between the employer and the trade union, Australian Manufacturing Workers Union, concerning the terms and conditions of employment for the workers. The primary dispute centred on whether the agreement adhered to the statutory requirements and whether it was fair and reasonable, considering the interests of both the employees and the employer.

The key legal issues before the Commission were whether the agreement met the legislative criteria for approval, including its compliance with the provisions of the Fair Work Act 2009. The Commission had to determine if the agreement was free from any discriminatory provisions, if it appropriately balanced the interests of both parties, and if it complied with the "better off overall test." Additionally, the Commission had to ensure that the agreement did not undermine the protection of employees' rights and did not contain any terms that could be considered unreasonable.

The Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The agreement was scrutinised for any discriminatory provisions and was found to be compliant. The Commission considered the balance of interests between the employer and the employees, applying the "better off overall test" to ascertain whether the employees would be better off with the agreement than without it. The Commission concluded that the agreement was fair, as it appropriately balanced the interests of both parties and met all the necessary criteria for approval. The agreement was found to not undermine employees' protection and did not contain any unreasonable terms.

As a result of the Commission's determination, the Advanced Group Services Enterprise Agreement 2018-2022 was approved. The final orders included the registration of the agreement on the Register of Approved Agreements and the binding of all parties to the terms and conditions outlined in the agreement. The approval was contingent on the agreement being in force and effect from the date of the decision, ensuring that the terms and conditions were to be adhered to by both the employer and the employees.

INT Consultants Pty Ltd T/A Advanced Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established