Intelligent Infrastructure Solutions Pty Ltd
[2018] FWCA 705
•5 FEBRUARY 2018
| |
| FAIR WORK COMMISSION | |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Intelligent Infrastructure Solutions Pty Ltd
(AG2017/4358)
I2s enterprise bargaining agreement 2017
| Electrical, Electronics and Communications Industry | |
| Deputy President Masson | MELBOURNE, 5 FEBRUARY 2018 |
Application for approval of the i2S Enterprise Bargaining Agreement 2017.
An application has been made for approval of the i2S Enterprise Bargaining Agreement 2017. The application was made pursuant to section 185 of the Fair Work Act 2009 (the Act) by Intelligent Infrastructure Solutions Pty Ltd. The agreement is a single enterprise agreement.
A notice of employee representational rights was provided to employees on 24 August 2017[1] and the notice complied with the regulations.[2] Employees were provided with access to the proposed agreement and information about the effect of the terms of the Agreement along with a notice of the time and place and method of voting was provided to employees on 24 August 2017. Voting occurred on 18 September 2017 and a majority of those who voted approved the Agreement.[3]
Intelligent Infrastructure Solutions Pty Ltd filed a statutory declaration in support of the Agreement. The statutory declaration noted that the relevant award for the purpose of the better off overall test was the Electrical, Electronics and Communications Contracting Award 2010.[4]
The statutory declaration noted that some provisions in the proposed Agreement were more beneficial than the Award or were not conferred by the Award. Less beneficial terms were also identified.
On 25 September 2017 the Electrical Trades Union of Australia (ETU) wrote to the Commission seeking to be heard in relation to the application for approval of the agreement. The ETU subsequently filed a statutory declaration on 20 December 2017 opposing the approval of the agreement.
On 13 November 2017, the Commission wrote to Intelligent Infrastructure Solutions Pty Ltd and advised that the Commission held a number of concerns in relation to the proposed agreement. Responses and undertakings were subsequently provided by Intelligent Infrastructure Solutions Pty Ltd on 13 November 2017 that sought to address the issues raised by the Commission.
Notwithstanding the submissions and undertakings proffered by Intelligent Infrastructure Solutions Pty Ltd, the ETU pressed its objection to approval of the agreement. The matter was listed for a Mention/Directions hearing on 9 January 2017 following which directions were issued to the parties for the filing of material. A hearing to determine the application for approval of the agreement was set down for 6 February 2018.
The ETU, in subsequent correspondence to the Commission dated 29 January 2018, advised of the withdrawal of its objection to approval of the agreement subject to the undertakings provided by the company. In correspondence dated 31 January 2018 Intelligent Infrastructure Solutions Pty Ltd subsequently confirmed the undertakings previously provided to the Commission.
The Commission confirmed to the parties that in light of the ETU’s withdrawal of its objection, the hearing of 6 February 2018 would be vacated and that the Commission would proceed to determine the matter on the material before it.
A copy of City of Intelligent Infrastructure Solutions Pty Ltd undertakings are attached in Annexure A. I am satisfied that the Agreement with the undertakings passes the better off overall test.
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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
Pursuant to section 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 ETU, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with section 201(2), I note that the Agreement covers the organisation.
The Agreement was approved on 5 February 2018 and, in accordance with section 54 of the Act, will operate from 12 February 2018. The nominal expiry date of the Agreement is 11 February 2021.
DEPUTY PRESIDENT
ANNEXURE A
[1] Section 173 of the Act
[2] Section 174 of the Act
[3] Section 180 of the Act
[4] MA000112
Printed by authority of the Commonwealth Government Printer
<AE427205 PR600046>
0
0
0