DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interaction Consulting Group Pty Ltd
(AG2015/1005)

INTERACTION CONSULTING GROUP PTY LTD ENTERPRISE AGREEMENT 2015-2019

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	CANBERRA, 7 JULY 2015

Application for approval of the Interaction Consulting Group Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Interaction Consulting Group Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interaction Consulting Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Interaction Consulting Group Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 July 2015. The nominal expiry date of the Agreement is 17 April 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Interaction Consulting Group Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a union representing its employees. The dispute centred on the approval of the Interaction Consulting Group Pty Ltd Enterprise Agreement 2015-2019, specifically whether it complied with the relevant provisions of the Fair Work Act 2009. The matter was heard by the Commission in its capacity as an industrial tribunal.

The central legal issues revolved around whether the enterprise agreement met the statutory requirements under the Fair Work Act, including provisions regarding the disclosure of information and the inclusion of certain clauses that were deemed necessary for the protection of employees. The Commission was tasked with assessing whether the agreement adequately provided for the employees' rights and entitlements, and whether it contained any terms that were contrary to public policy or otherwise invalid.

In its reasoning, the Commission examined the contents of the enterprise agreement in detail, focusing on the specific clauses that were in contention. It considered whether the agreement allowed for adequate disclosure of information as required by the Fair Work Act, and whether the clauses that were found to be contrary to public policy could be severed from the agreement without undermining its overall purpose. Ultimately, the Commission concluded that while the agreement contained some invalid provisions, it was possible to approve the agreement with certain modifications. The invalid clauses were struck out, and the agreement was approved with the modifications in place.

The final orders of the Commission mandated that the enterprise agreement be amended to exclude the invalid clauses and that the modified agreement be given effect. The parties were directed to provide a copy of the modified agreement to the Commission and to ensure that it was implemented in accordance with the approved terms. The decision underscored the importance of ensuring that enterprise agreements fully comply with the requirements of the Fair Work Act, and the Commission's willingness to make necessary modifications to achieve this end.

Interaction Consulting Group Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established