Integrated Maintenance Services Pty Ltd

[2022] FWCA 4391

[2022] FWCA 4391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Maintenance Services Pty Ltd

(AG2022/5054)

Integrated Maintenance Services Pty Ltd and ETU Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 13 DECEMBER 2022

Application for approval of the Integrated Maintenance Services Pty Ltd and ETU Enterprise Agreement 2022

1. Integrated Maintenance Services Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Integrated Maintenance Services Pty Ltd and ETU Enterprise Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act).  The Agreement is a single enterprise agreement.

1. The notice of employee representational rights (NERR) provided to employees stated that the title of the agreement was the IMS and ETU (Fletcher Insulation Dandenong Site) Enterprise Agreement 2022.  The Applicant submitted that during the negotiations for the Agreement, it agreed to utilise the template document provided by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the organisation).  In doing so, the Applicant failed to amend the title of the proposed agreement to align with name of the agreement provided on the NERR.  The Applicant submitted that the name change did not alter or affect the coverage or scope of the Agreement.

1. I am satisfied, having regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd,[1] that the Agreement would have been genuinely agreed to but for the minor technical or procedural departure from the NERR requirements under s 174 of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I am satisfied that the Agreement has been genuinely agreed to by the employees covered by it, in accordance with s 188(2) of the Act.

1. The Applicant has provided written undertakings.  A copy of the undertakings is attached in Annexure A.  I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. It was provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

1. The organisation being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

1. The Agreement was approved on 13 December 2022 and, in accordance with s 54, will operate from 20 December 2022.  The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318.

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