Intertek Management Services (Australia) Pty Ltd

[2023] FWCA 949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd

(AG2023/630)

INTERTEK INSPECTION AND TESTING SERVICES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 30 MARCH 2023

Application for approval of the Intertek Inspection and Testing Services Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Intertek Inspection and Testing Services Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intertek Management Services (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

The Agreement lodged contained errors in the Agreement referencing and clause numbering. On 27 March 2023, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Employer 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. The undertakings are taken to be a term of the agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.3 of the Agreement and the provided undertakings, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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.

The Agreement was approved on 30 March 2023 and, in accordance with s.54, will operate from 6 April 2023. The nominal expiry date of the Agreement is 25 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Intertek Management Services (Australia) Pty Ltd sought approval for the Intertek Inspection and Testing Services Enterprise Agreement 2022. The applicant argued that the agreement contained necessary terms and conditions to regulate employment relationships within their organisation, particularly focusing on pay rates, leave entitlements, and dispute resolution mechanisms. The proceedings involved scrutiny of whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the court was whether the terms and conditions of the agreement were consistent with the requirements set out in the Fair Work Act 2009. This involved examining whether the agreement met the criteria for "better off overall" and "in the public interest" as mandated by the legislation. The court also had to determine if the agreement provided adequate protection for employees and facilitated fair and efficient workplace relations.

After thorough consideration of the evidence and submissions presented, the Commission found that the Intertek Inspection and Testing Services Enterprise Agreement 2022 met all necessary legal requirements. The agreement was deemed to provide fair and reasonable terms for both the employer and employees, ensuring compliance with the Fair Work Act 2009. The Commission concluded that the agreement was in the public interest and provided a better overall outcome for the employees involved.

Accordingly, the Commission approved the Intertek Inspection and Testing Services Enterprise Agreement 2022, effective from the date of the decision. This approval ensures that the terms and conditions within the agreement are legally binding and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established