Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions

[2019] FWCA 8018

[2019] FWCA 8018

FAIR WORK COMMISSION

DECISION

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

Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions
(AG2019/3111)

INTEGRATED PROPERTY SOLUTIONS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BOOTH	BRISBANE, 25 NOVEMBER 2019

Application for approval of the Integrated Property Solutions Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Integrated Property Solutions (Aust) Pty Ltd T/A Integrated Property Solutions (the Applicant) for approval of the Integrated Property Solutions Enterprise Agreement 2019 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 6 September 2019, raising a number of concerns in relation to the Agreement.

[3] The Applicant provided submissions addressing the concerns raised, on 25 October 2019.

[4] The matter was listed for a telephone conference before me on 29 October 2019, further to which the Applicant filed formal undertakings on 12 November 2019.

[5] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[6] It is noted that the consultation term at clause 3.2 of the Agreement does not appear consistent with the requirements of the Act. Accordingly, the model consultation term set out in the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the undertakings provided and the matter raised at paragraph [6], 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 December 2022.

COMMISSIONER

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Attachment A