Intonhouse Pty Ltd Summary

[2014] FWCA 8604

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intonhouse Pty Ltd
(AG2014/8254)

ICS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 DECEMBER 2014

Application for approval of the ICS Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the ICS Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Intonhouse Pty Ltd. 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 was approved on 1 December2014 and, in accordance with s.54 of the Act, will operate from 8 December 2014. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Intonhouse Pty Ltd, the Fair Work Commission was presented with an application for the approval of the ICS Enterprise Agreement 2014. The applicant, Intonhouse Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The nature of the dispute centred on whether the agreement complied with the statutory requirements for registration and if it met the standards for good faith bargaining and procedural fairness.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties, if it contained the mandated terms and conditions, and whether the requisite procedures for its approval were properly followed. The Commission needed to assess whether the agreement was made in good faith and whether it contained the minimum terms and conditions prescribed by the Fair Work Act. Furthermore, it was necessary to determine if the agreement was procedurally sound and if the process leading to its creation complied with the legislative framework.

In its decision, the Fair Work Commission found that the ICS Enterprise Agreement 2014 was indeed the product of genuine negotiations between the parties. The Commission held that the agreement contained all the minimum terms and conditions required by the Fair Work Act. The procedural aspects of the agreement's formation were also found to be compliant with the statutory requirements, ensuring that the process was fair and in good faith. Consequently, the Commission approved the agreement, recognising it as a registered enterprise agreement.

The final orders of the Commission included the registration of the ICS Enterprise Agreement 2014, effective from the date of the decision. This decision ensures that the agreement is legally binding on the parties and provides a framework for the employment terms and conditions of the employees covered by the agreement.

Intonhouse Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established