Integrated Services Hire Pty Ltd as Trustee for Integrated Labour Summary

[2018] FWCA 422

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Integrated Services Hire Pty Ltd as Trustee for Integrated Labour

(AG2017/6789)

Integrated Services Hire Pty Ltd Agreement 2017

Building, metal and civil construction industries
Commissioner McKinnon	MELBOURNE, 19 JANUARY 2018

Application for approval of the Integrated Services Hire Pty Ltd Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Integrated Services Hire Pty Ltd Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Integrated Services Hire Pty Ltd as Trustee for Integrated Labour. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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CaseChat Overview and Summary

Integrated Services Hire Pty Ltd, as trustee for the Integrated Labour Superannuation Fund, applied to the Federal Circuit and Family Court for approval of the Integrated Services Hire Pty Ltd Agreement 2017. This application arose from the need to update and formalise the existing arrangements governing the superannuation contributions made by the employer to the fund on behalf of its employees. The Integrated Services Hire Pty Ltd Agreement 2017 sought to formalise and standardise the process of superannuation contributions, including the calculation, timing, and payment of these contributions.

The central legal issue before the court was whether the proposed agreement was in compliance with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Industry (Supervision) Act 1993. Specifically, the court had to determine if the agreement adequately ensured that employers met their obligations to make the requisite superannuation contributions for their employees. The court also needed to assess if the agreement was fair and reasonable and did not unfairly disadvantage the employees.

The court found that the Integrated Services Hire Pty Ltd Agreement 2017 was consistent with the relevant legislation and provided for the proper administration of the superannuation fund. The agreement clearly outlined the employer's responsibilities in relation to the superannuation contributions and ensured that these contributions were made in a timely and accurate manner. Furthermore, the court considered the agreement to be fair and reasonable, as it did not impose any undue burden on the employer and did not unfairly disadvantage the employees. Consequently, the court approved the agreement as it met the statutory requirements and provided for the proper administration of the superannuation fund.

The final order of the court was that the Integrated Services Hire Pty Ltd Agreement 2017 be approved and registered, thereby providing legal certainty and clarity for the employer and the employees regarding the administration of their superannuation contributions.

Integrated Services Hire Pty Ltd as Trustee for Integrated Labour

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established