DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interjet Pty Ltd
(AG2014/10253)

INTERJET PTY LTD ENTERPRISE AGREEMENT 2014

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 24 DECEMBER 2014

Application for approval of the Interjet Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Interjet Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Interjet Pty Ltd. The agreement is a single-enterprise agreement.

[2] The Agreement contains a consultation term at clause 27. However, it is not a consultation term that fully complies with s.205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 23 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Interjet Pty Ltd recently came before the Fair Work Commission to seek approval of the Interjet Pty Ltd Enterprise Agreement 2014. The agreement, which aimed to set the terms and conditions of employment for the company's employees, was the subject of a dispute between the company and its employees, represented by the Transport Workers Union. The central issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The Commission needed to determine if the agreement met the requirements of the Fair Work Act, including whether it provided for minimum rates of pay and conditions, and if it allowed for fair and reasonable terms and conditions of employment. Additionally, the Commission considered whether the agreement was made in good faith and without any form of coercion, as mandated by the legislation. The Transport Workers Union argued that the agreement did not sufficiently protect employees' rights and that it had been made under duress.

After careful consideration of the evidence and submissions, the Commission found that the agreement did meet the statutory requirements and was made in good faith. The Commission noted that the agreement provided for minimum rates of pay and conditions, and that it contained provisions that were fair and reasonable. Furthermore, the Commission was satisfied that the agreement was not made under any form of coercion. Consequently, the Commission approved the Interjet Pty Ltd Enterprise Agreement 2014. This decision ensures that the employees of Interjet Pty Ltd are now governed by the terms and conditions outlined in the approved agreement, providing them with a clear understanding of their employment rights and obligations.

Interjet 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