DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Intasign Australia Pty Ltd
(AG2015/1116)

INTASIGN AUSTRALIA PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 MAY 2015

Application for approval of the Intasign Australia Pty Ltd Employee Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 13 May 2015 by Intasign Australia Pty Ltd for the approval of a single-enterprise agreement known as the Intasign Australia Pty Ltd Employee Enterprise Agreement 2015(“the Agreement”).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Intasign Australia Pty Ltd, the Fair Work Commission considered an application for the approval of an employee enterprise agreement. The applicant, Intasign Australia Pty Ltd, sought to have the Intasign Australia Pty Ltd Employee Enterprise Agreement 2015 approved under the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the employees of the company, including provisions related to wages, hours of work, leave, and other employment-related matters.

The primary legal issue before the commission was whether the agreement complied with the requirements of the Fair Work Act 2009, specifically the "better off overall test" and the "independent test." The commission had to determine if the agreement provided employees with a safety net of minimum terms and conditions, was reasonably capable of promoting the objects of the Act, and was otherwise in compliance with the Act. Additionally, the commission had to ensure that the agreement met the "independent test," meaning that it was not made under duress or as a result of threats or coercion.

The commission found that the agreement met the requirements of the Act. It provided a safety net of minimum terms and conditions that were no less favourable than the applicable awards or registered agreements. The commission also found that the agreement promoted the objects of the Act and was reasonably capable of facilitating flexibility and efficiency in the workplace. Furthermore, the commission was satisfied that the agreement was made independently and was not the result of duress or coercion. As a result, the Fair Work Commission approved the Intasign Australia Pty Ltd Employee Enterprise Agreement 2015.

Intasign Australia 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