Interlloy Pty Ltd

[2013] FWCA 7095

FAIR WORK COMMISSION

DECISION

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

Interlloy Pty Ltd
(AG2013/9082)

INTERLLOY ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for approval of the Interlloy Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Interlloy Enterprise Agreement 2013 (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 Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 9 September 2013. On 13 September 2013 I received a signed undertaking in response to the queries from Genevieve Maguire, HR Manager for Interlloy Pty Ltd. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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.

[6] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2013. The nominal expiry date of the Agreement is 17 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

Interlloy Pty Ltd recently appeared before the Fair Work Commission, where the company sought approval of the Interlloy Enterprise Agreement 2013. The agreement was the subject of negotiations between the employer and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union. The primary focus of the case was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement was in the best interests of the employees, whether it complied with the good faith bargaining obligations, and if it adhered to the provisions of the Fair Work Act. Additionally, the court needed to determine if the agreement provided for minimum entitlements and included a dispute resolution process. The court examined the fairness and reasonableness of the terms of the agreement, including wages, hours of work, and other conditions of employment.

The Fair Work Commission found that the agreement met the statutory requirements for approval. The commission determined that the agreement was in the best interests of the employees, and the bargaining process was conducted in good faith. The commission was satisfied that the agreement provided for minimum entitlements and included a dispute resolution process. Consequently, the commission approved the Interlloy Enterprise Agreement 2013. The approval ensures that the agreement remains in effect and governs the employment conditions of the employees until it is superseded by a new agreement or until it expires.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established