Intertek Management Services (Australia) Pty Ltd T/A Intertek

[2021] FWCA 6919

[2021] FWCA 6919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd T/A Intertek
(AG2021/8312)

INTERTEK BANKSMEADOW & PORT MELBOURNE LABORATORIES ENTERPRISE AGREEMENT 2021

Technical services
COMMISSIONER YILMAZ	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Intertek Banksmeadow & Port Melbourne Laboratories Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Intertek Banksmeadow & Port Melbourne Laboratories Enterprise Agreement 2021 (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 T/A Intertek. The Agreement is a single enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. The undertaking relates to the Agreement’s nominal expiry date and does not alter its substance or put employees at a financial disadvantage. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 8 December 2021. The nominal expiry date of the Agreement is 30 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE514097  PR736317>

Annexure A