DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Interlloy Pty Ltd
(AG2017/3543)

INTERLLOY ENTERPRISE AGREEMENT 2017

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 4 OCTOBER 2017

Application for approval of the Interlloy Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Interlloy Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Interlloy Pty Ltd. 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 National Union of Workers being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2017. The nominal expiry date of the Agreement is 4 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Interlloy Pty Ltd, where the Australian Industrial Relations Commission (AIRC) was asked to approve an enterprise agreement. The agreement in question was the Interlloy Enterprise Agreement 2017, which was proposed to govern the employment conditions of workers within the company. The dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was made by the company, and the AIRC was tasked with determining if the agreement should be certified as meeting the 'better off overall test' and other necessary conditions.

The primary legal issues the AIRC had to decide involved verifying that the agreement satisfied the statutory requirements for approval. This included assessing whether the agreement was free from prohibited content, met the 'better off overall test', and was made in good faith. Additionally, the AIRC needed to ensure that the agreement did not undermine the protection of minimum standards of employment and that it was made in accordance with the relevant provisions of the Fair Work Act.

The AIRC undertook a detailed examination of the Interlloy Enterprise Agreement 2017, considering the submissions from both parties and the evidence presented. The AIRC concluded that the agreement was free from prohibited content and did not undermine minimum standards of employment. Furthermore, the AIRC found that the agreement met the 'better off overall test' and was made in good faith. Based on these findings, the AIRC approved the agreement, certifying it as meeting all necessary statutory requirements.

Consequently, the AIRC issued its decision approving the Interlloy Enterprise Agreement 2017. The agreement was certified and will now govern the employment conditions of the workers covered by it, subject to the terms and conditions outlined within the agreement. The decision ensures that the agreement is legally binding and enforceable, providing a clear framework for the employment relationship between the company and its employees.

Interlloy 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