Intelligent Infrastructure Solutions Pty Ltd Summary

[2018] FWCA 705

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

The matter before the Fair Work Commission involved Intelligent Infrastructure Solutions Pty Ltd (IIS) and its employees, who sought approval of the i2S Enterprise Bargaining Agreement 2017. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wages, working hours, leave entitlements, and other employment-related matters. The Fair Work Commission was tasked with reviewing the agreement to determine if it met the statutory requirements and if it was in the best interests of the employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the Fair Work Act 2009 and whether it provided a safety net of minimum entitlements for the employees. The Commission also needed to consider if the agreement adequately balanced the interests of the employer and the employees, and if it met the criteria for a simple or registered agreement. Furthermore, the Commission had to assess if the agreement was certified by an independent person and if it was appropriately made and executed.

The Fair Work Commission, after reviewing the submissions from both parties and considering the relevant legal principles, found that the proposed i2S Enterprise Bargaining Agreement 2017 complied with the statutory requirements. The Commission determined that the agreement provided a safety net of minimum entitlements for the employees and appropriately balanced the interests of both parties. The agreement was certified by an independent person, and the Commission was satisfied that it was appropriately made and executed. Consequently, the Commission approved the agreement, finding that it met the necessary criteria for registration.

In light of the above, the Fair Work Commission granted approval for the i2S Enterprise Bargaining Agreement 2017, effective from the date of the decision. The agreement, which now becomes a legally binding document between the employer and the employees, will govern the terms and conditions of employment for the duration specified within the agreement. The parties are bound to abide by the provisions of the agreement, and any disputes arising from its interpretation or application must be resolved in accordance with its terms.

Intelligent Infrastructure Solutions Pty Ltd

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