| [2017] FWCA 327 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Integral Quality Management P/L
(AG2016/7483)
INTEGRAL QUALITY MANAGEMENT P/L NDT UNION COLLECTIVE AGREEMENT 2014
Manufacturing and associated industries | |
COMMISSIONER GREGORY | MELBOURNE, 17 JANUARY 2017 |
Application for approval of the Integral Quality Management P/L NDT Union Collective Agreement 2014.
[1] An application has been made for approval of a greenfields agreement known as the Integral Quality Management P/L NDT Union Collective Agreement 2014 (Agreement). The application was made by Integral Quality Management P/L pursuant to s.185 of the Fair Work Act 2009 (Act).
[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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. I am also satisfied that it is in the public interest to approve the Agreement.
[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.
[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2017. The nominal expiry date of the Agreement is 30 June 2017.
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- AGLC
- Integral Quality Management P/L [2017] FWCA 327
- Case
- [2017] FWCA 327
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the collective agreement met the criteria for approval under section 231 of the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for a safety net of minimum terms and conditions and whether it was free from prohibited content. The Commission also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient system of dispute resolution.
In delivering its decision, the Commission found that the agreement satisfied the requirements for approval under the Fair Work Act. The agreement provided for a safety net of minimum terms and conditions, including minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement was free from prohibited content and had been made in good faith. The Commission noted that the agreement provided for a fair and efficient system of dispute resolution, including a provision for the Commission to resolve any disputes that could not be resolved through other means.
The Commission approved the Integral Quality Management P/L NDT Union Collective Agreement 2014, effective from 1 April 2014. The agreement is now a registered agreement under the Fair Work Act and will apply to all non-destructive testing technicians employed by Integral Quality Management. The approval of the agreement provides certainty and stability for both the employer and the employees, and ensures that they are protected by a fair and comprehensive set of terms and conditions of employment.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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