IntelliDesign Pty Ltd

[2024] FWCA 1844

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IntelliDesign Pty Ltd

(AG2024/1525)

INTELLIDESIGN ENTERPRISE AGREEMENT 2024 - 2028

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MAY 2024

Application for approval of the IntelliDesign Enterprise Agreement 2024 - 2028

IntelliDesign Pty Ltd has made an application for approval of an enterprise agreement known as the IntelliDesign Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement was approved on 21 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IntelliDesign Pty Ltd recently approached the Fair Work Commission to seek approval for the IntelliDesign Enterprise Agreement 2024-2028. The agreement, which seeks to establish the terms and conditions of employment for the company’s employees, was a subject of dispute between the employer and the union representing the employees. The union contested certain provisions in the agreement, arguing they were unfair and did not adequately represent the interests of the employees. The court was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issues before the court were whether the contested provisions of the agreement were fair and reasonable, and if the agreement as a whole complied with the statutory requirements for enterprise agreements. The court needed to examine if the agreement provided a safety net for employees that was no less favourable than the applicable award or registered agreement, and whether the agreement had been made in good faith. Additionally, the court needed to consider if the agreement had been properly negotiated and if it met the criteria for being considered a single, indivisible agreement.

After considering the submissions from both parties and reviewing the provisions in question, the court found that the contested clauses were fair and reasonable. The court acknowledged that the agreement provided a safety net that met the statutory requirements and was negotiated in good faith. The union's argument that certain provisions were unfair was not substantiated, and the court was satisfied that the agreement complied with all necessary legal standards. Therefore, the court approved the IntelliDesign Enterprise Agreement 2024-2028.

The final order of the court was that the IntelliDesign Enterprise Agreement 2024-2028 be approved and registered with the Fair Work Commission. The court's decision provided certainty for both the employer and employees, ensuring that the agreement would govern their relationship for the specified period. This ruling reinforces the importance of fair and reasonable negotiations in the process of creating enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established