DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intertek Management Services (Australia) Pty Ltd T/A Intertek AIS
(AG2020/17)

INTERTEK MANAGEMENT SERVICES (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JANUARY 2020

Application for approval of the Intertek Management Services (Australia) Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Intertek Management Services (Australia) Pty Ltd Enterprise Agreement 2019 (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 AIS. 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 22 January 2020 and, in accordance with s.54, will operate from 29 January 2020. The nominal expiry date of the Agreement is 26 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intertek Management Services (Australia) Pty Ltd, trading as Intertek AIS, applied to the Fair Work Commission for the approval of the Intertek Management Services (Australia) Pty Ltd Enterprise Agreement 2019. The application was made in accordance with the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union, on behalf of a number of its members employed by Intertek. The primary issue before the Commission was whether the enterprise agreement satisfied the "better off overall test" under section 231 of the Fair Work Act. This test requires that employees covered by the agreement must be "no worse off financially and at least as well off in terms of other conditions" compared to their previous conditions of employment.

The Commission considered the terms and conditions of the proposed agreement, including wages, leave entitlements, and other benefits, in light of the existing enterprise agreement and relevant awards. The Commission examined the evidence provided by both parties and assessed whether the proposed agreement provided employees with at least the same financial and other conditions as they had under their previous agreement. The Commission found that the proposed agreement met the better off overall test, as it provided employees with improved financial conditions, including higher wages and better leave entitlements, while maintaining or improving other conditions of employment. The Commission approved the Intertek Management Services (Australia) Pty Ltd Enterprise Agreement 2019.

The Fair Work Commission approved the Intertek Management Services (Australia) Pty Ltd Enterprise Agreement 2019, effective from 1 May 2020. The decision was made in favour of Intertek Management Services, finding that the proposed agreement met the requirements of the Fair Work Act. The Construction, Forestry, Maritime, Mining and Energy Union's opposition was dismissed. This decision provides clarity for employers and employees regarding the terms and conditions of employment under the approved agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established