DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd T/A Intertek
(AG2017/801)

INTERTEK MANAGEMENT SERVICES (AUSTRALIA) PTY LTD BANKSMEADOW OPERATION ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 13 APRIL 2017

Application for approval of the Intertek Management Services (Australia) Pty Ltd Banksmeadow Operation Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Intertek Management Services (Australia) Pty Ltd Banksmeadow Operation 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. 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.

[3] 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.

[4] The Agreement was approved on 13 April 2017 and, in accordance with s.54, will operate from 20 April 2017. The nominal expiry date of the Agreement is 13 April 2020.

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 their Banksmeadow Operation Enterprise Agreement 2017. The dispute was brought before the Fair Work Commission. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009, particularly whether it complied with the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009.

The court examined several aspects of the agreement, including its coverage, the process through which it was negotiated, and whether it contained all the mandated terms and conditions. A significant concern was whether the agreement appropriately addressed the requirements for good faith bargaining and whether the terms were fair and reasonable. The court also scrutinised the representation of the parties involved in the negotiation process, ensuring that the agreement was not only a product of genuine negotiations but also reflected a balanced outcome.

In determining the outcome, the Fair Work Commission found that the agreement largely met the statutory requirements. It was determined that the agreement was negotiated in good faith, and the terms and conditions were fair and reasonable. The court approved the agreement, finding that it provided an appropriate framework for the employment relationship and was compliant with all necessary legislative provisions. This decision was based on the evidence provided that the agreement was the product of genuine negotiations between the employer and the employees' representative and included all mandated terms and conditions.

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