Interpeople Contracting Services Pty Ltd

[2013] FWCA 9015

FAIR WORK COMMISSION

DECISION

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

Interpeople Contracting Services Pty Ltd
(AG2013/9946)

ICS ENTERPRISE AGREEMENT 2013

Oil and gas industry
COMMISSIONER CLOGHAN	PERTH, 15 NOVEMBER 2013

Application for approval of the ICS Enterprise Agreement 2013.

[1] On 30 October 2013, Interpeople Contracting Services Pty Ltd made application for approval of a single enterprise agreement to be known as the ICS Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 28 October 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission on 30 October and 15 November 2013, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 22 November 2013.

[6] The nominal expiry date of this Agreement is 14 November 2017.

COMMISSIONER

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CaseChat Overview and Summary

Interpeople Contracting Services Pty Ltd recently faced a legal dispute concerning the approval of the ICS Enterprise Agreement 2013. The matter was heard by the Fair Work Commission, Australia's industrial relations tribunal. The central issue before the Commission was whether the agreement, which had been negotiated between the employer and a union representing the employees, met the statutory requirements for approval under the Fair Work Act 2009.

The Fair Work Commission needed to determine if the agreement contained all the mandatory terms specified by the Act, and if it had been genuinely negotiated. The Commission also had to consider whether the agreement met the criteria for being a single, integrated, and written agreement, and if it complied with the provisions regarding the disclosure of information. Furthermore, the Commission examined whether the agreement provided for the proper representation of employees and if it was in the best interests of the employees.

In its decision, the Fair Work Commission found that the ICS Enterprise Agreement 2013 met all the necessary requirements for approval. The Commission was satisfied that the agreement had been genuinely negotiated and contained all the mandatory terms required by the Fair Work Act 2009. The Commission also determined that the agreement was a single, integrated, and written document that complied with the relevant provisions regarding the disclosure of information. Additionally, the Commission was convinced that the agreement provided for the proper representation of employees and was in their best interests. Therefore, the Fair Work Commission approved the ICS Enterprise Agreement 2013, and the applicant was authorised to implement the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established