DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd T/A Intertek
(AG2017/3680)

CENTRAL QUEENSLAND INSPECTION SERVICES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 15 NOVEMBER 2017

Application for approval of the Central Queensland Inspection Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Queensland Inspection Services Enterprise Agreement 2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 November 2017. The nominal expiry date of the Agreement is 26 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intertek Management Services (Australia) Pty Ltd, trading as Intertek, sought approval for the Central Queensland Inspection Services Enterprise Agreement 2017 from the Fair Work Commission. The dispute arose over whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which raised concerns about certain provisions within the agreement.

The central legal issues before the commission were whether the agreement complied with the Fair Work Act and whether it appropriately balanced the rights and interests of both employers and employees. Specifically, the union challenged the agreement's provisions on penalty rates, shift loadings, and the definition of a working day. The commission needed to determine whether these provisions were fair and reasonable, taking into account the specific circumstances of the industry and the employees involved.

In its decision, the commission examined the evidence and submissions from both parties. It found that the agreement generally met the legal requirements for approval, with certain modifications. The commission made adjustments to the penalty rates and shift loadings to ensure they were fair and reasonable. Additionally, it clarified the definition of a working day to address the union's concerns. Ultimately, the commission determined that the modified agreement appropriately balanced the interests of both parties and met the statutory requirements for approval.

The Fair Work Commission approved the Central Queensland Inspection Services Enterprise Agreement 2017, subject to the modifications made. The union's concerns were addressed through the adjustments to penalty rates, shift loadings, and the definition of a working day. This decision ensures that the agreement is fair and reasonable for both employers and employees in the industry.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established