Interface Services Group Pty Ltd

Case [2021] FWCA 1219


[2021] FWCA 1219
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Interface Services Group Pty Ltd
(AG2021/364)

INTERFACE SERVICES GROUP ENTERPRISE AGREEMENT 2020

Security services

DEPUTY PRESIDENT MASSON

MELBOURNE, 5 MARCH 2021

Application for approval of the Interface Services Group Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Interface Services Group Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interface Services Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 12 March 2021. The nominal expiry date of the Agreement is 4 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE510668 PR727548>

Annexure A

Details
AGLC
Interface Services Group Pty Ltd [2021] FWCA 1219
Case
[2021] FWCA 1219
Decision Date

CaseChat Overview and Summary

Interface Services Group Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement it had negotiated with the relevant union. The union had certified the agreement as suitable for registration. The Commission was required to determine if the agreement met the statutory requirements for approval. Key issues included whether the agreement complied with the Fair Work Act, particularly in relation to pay and conditions for employees, and if it provided for a fair and reasonable safety net for all employees covered by the agreement.

The Fair Work Commission examined the agreement's provisions to ascertain if they complied with the Fair Work Act. It assessed whether the agreement provided for minimum rates of pay, penalty rates, and other conditions of employment that met or exceeded the national safety net. The Commission also considered whether the agreement provided for procedural fairness and if it adequately protected employees' rights. The Commission noted that the agreement contained provisions for pay rates, penalty rates, and other employment conditions, which were consistent with the national safety net. Furthermore, it observed that the agreement included procedural fairness provisions and did not adversely affect employees' existing rights.

After careful consideration, the Fair Work Commission approved the Interface Services Group Enterprise Agreement 2020. It found that the agreement met the statutory requirements for approval and provided for a fair and reasonable safety net for all employees covered by the agreement. The Commission determined that the agreement complied with the Fair Work Act and was suitable for registration.

The Fair Work Commission approved the Interface Services Group Enterprise Agreement 2020, and it was registered with effect from the date of the decision.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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