DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

InterActive Group (Aust) Pty Ltd T/A InterActive Project Solutions
(AG2016/5043)

INTERACTIVE PROJECT SOLUTIONS ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 SEPTEMBER 2016

Application for approval of the InterActive Project Solutions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the InterActive Project Solutions Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by InterActive Group (Aust) Pty Ltd T/As InterActive Project Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2016. The nominal expiry date of the Agreement is 12 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

InterActive Group (Aust) Pty Ltd, trading as InterActive Project Solutions, sought approval for the InterActive Project Solutions Enterprise Agreement 2016. The application was before the Fair Work Commission, where the primary dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and appropriate, while the respondent raised concerns regarding certain clauses and the overall fairness of the agreement.

The legal issues before the Commission included whether the agreement was made in good faith, whether it provided for proper and timely consultation between the parties, and whether it covered all relevant terms and conditions of employment. Additionally, the Commission needed to assess if the agreement provided for a proper safety net for employees and whether it complied with the procedural requirements for enterprise agreements.

In delivering its decision, the Fair Work Commission noted that the agreement had been made in good faith and provided for proper consultation. The Commission found that the agreement covered all necessary terms and conditions and provided an adequate safety net for employees. The Commission also determined that the agreement complied with the procedural requirements for enterprise agreements. Based on these findings, the Commission approved the InterActive Project Solutions Enterprise Agreement 2016, deeming it to be a fair and appropriate agreement for the employees covered by it.

The final orders of the Commission were that the InterActive Project Solutions Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would have legal effect as of the date of the Commission's approval. The approval was contingent upon the agreement being registered within the specified timeframe and the parties providing any necessary documentation to the Commission.

InterActive Group (Aust) Pty Ltd T/A InterActive Project Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established