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

CaseChat Overview and Summary

Integrated Property Solutions (Aust) Pty Ltd, trading as Integrated Property Solutions, sought approval for the Integrated Property Solutions Enterprise Agreement 2019. The Fair Work Commission (FWC) was asked to assess the agreement under the Fair Work Act 2009. The dispute centred around the fairness and compliance of the proposed terms and conditions of employment outlined in the agreement. The FWC was tasked with determining whether the agreement met the requirements for registration under the Act, specifically focusing on its compliance with the "better off overall test" and whether it contained terms that were fair and reasonable.

The primary legal issues before the Commission were whether the agreement provided for a fair and reasonable terms and conditions of employment and whether the agreement met the "better off overall test." The FWC needed to examine the proposed terms and conditions, including pay rates, conditions of work, and other entitlements, to determine their fairness. Additionally, the Commission had to assess whether the agreement contained any terms that were contrary to public policy or failed to meet the minimum standards set out in the relevant awards and the National Employment Standards (NES).

In considering these issues, the FWC assessed the evidence provided by both parties and reviewed relevant awards and the NES. The Commission found that the proposed agreement, while containing some terms that were not entirely favourable to employees, did not contravene any public policy and was overall fair and reasonable. The FWC determined that the agreement met the "better off overall test," as it provided for a fair and reasonable balance of benefits and detriments for the employees. Consequently, the FWC approved the Integrated Property Solutions Enterprise Agreement 2019 for registration.

The FWC made an order approving the Integrated Property Solutions Enterprise Agreement 2019 for registration. The agreement, which includes terms and conditions for the employees of Integrated Property Solutions, was deemed to comply with the requirements of the Fair Work Act 2009. This decision allows the agreement to be formally registered, providing a legal framework for the employment conditions of the workers involved.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established