DECISION

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

Integrated Building Services Australia
(AG2015/978)

INTEGRATED BUILDING SERVICES AUSTRALIA EBA 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 MAY 2015

Application for approval of the Integrated Building Services Australia EBA 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 29 April 2015 by Integrated Building Services Australia for the approval of a single-enterprise agreement known as the Integrated Building Services Australia EBA 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 Fair Work Commission, Integrated Building Services Australia sought approval of an Enterprise Bargaining Agreement (EBA) entered into with its employees. The applicant argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment for the employees. The respondents, however, opposed the approval of the agreement, contending that certain provisions were unreasonable.

The legal issues before the Commission were whether the terms and conditions of employment set out in the EBA were fair and reasonable, and whether the agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the provisions regarding minimum wage rates, penalty rates, overtime, and other entitlements were fair and reasonable, taking into account the nature of the industry and the employees' needs.

The Commission found that the terms and conditions of employment in the EBA were fair and reasonable, and that the agreement met the requirements of the Act. The Commission was satisfied that the provisions regarding minimum wage rates, penalty rates, overtime, and other entitlements were reasonable, taking into account the nature of the industry and the employees' needs. The Commission also found that the agreement provided for a fair and reasonable process for the resolution of disputes between the parties.

Accordingly, the Commission approved the EBA, subject to certain modifications to ensure compliance with the Act. The modifications related to the calculation of overtime rates and the provision of certain leave entitlements. The applicant and respondents were directed to implement the approved EBA.

Integrated Building Services Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established