International Structural Installation Solutions Pty Ltd

[2013] FWCA 8318

FAIR WORK COMMISSION

DECISION

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

International Structural Installation Solutions Pty Ltd
(AG2013/10875)

INTERNATIONAL STRUCTURAL INSTALLATION SOLUTION PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 23 OCTOBER 2013

Application for approval of the International Structural Installation Solution Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 14 October 2013 by International Structural Installation Solutions Pty Ltd for the approval of a single-enterprise agreement known as the International Structural Installation Solution Pty Ltd Enterprise Agreement 2013 (“the Agreement”).

[2] On 22 October 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, International Structural Installation Solutions Pty Ltd, sought approval for the International Structural Installation Solutions Pty Ltd Enterprise Agreement 2013. The respondents, various unions representing employees in the industry, objected to the approval of the agreement on several grounds. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act 2009, particularly regarding the process of registration and the mandatory terms that must be included. The respondents argued that the agreement failed to adequately address the rights of employees and contained provisions that were not in accordance with the mandatory terms set out in the Act. They contended that the process for approving the agreement was not followed correctly and that certain provisions were unfair.

The Commission examined the process by which the agreement was negotiated and the content of the agreement itself. It found that while there were procedural irregularities in the negotiation process, these did not invalidate the agreement as a whole. The Commission also considered the mandatory terms and found that, with the exception of a few minor issues, the agreement largely complied with these requirements. Consequently, the Commission concluded that the agreement could be approved with some minor modifications to address the identified issues.

The Fair Work Commission approved the International Structural Installation Solutions Pty Ltd Enterprise Agreement 2013, subject to certain modifications. The modifications included specific changes to ensure compliance with the mandatory terms and to address the procedural irregularities noted. The Commission's decision was that, notwithstanding the procedural issues, the agreement was in the best interests of the employees and the employer, and thus could be approved with the specified amendments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established