DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intracon Pty Ltd
(AG2017/269)

INTRACON PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Intracon Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Intracon Pty Ltd 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 Intracon 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. 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 Agreement was approved on 27 February 2017 and, in accordance with s.54, will operate from 6 March 2017. The nominal expiry date of the Agreement is 27 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intracon Pty Ltd was the subject of an application for the approval of the Intracon Pty Ltd Enterprise Agreement 2017. The applicant, representing the employer, sought the approval of the Fair Work Commission to formalise the agreement that regulated the terms and conditions of employment between the employer and its employees. The dispute arose from the proposed changes to the employees' remuneration and conditions outlined in the agreement. The Fair Work Commission was tasked with ensuring that the proposed changes were consistent with the Fair Work Act 2009.

The central legal issues that the Fair Work Commission had to resolve involved whether the proposed changes in the agreement were in compliance with the Fair Work Act, particularly in relation to minimum wage rates, penalty rates, and other entitlements. The Commission had to examine if the agreement provided for fair and reasonable terms and conditions that were not less favourable than the applicable awards or the general industrial awards. Furthermore, the Commission had to determine if the agreement was genuinely negotiated and whether it complied with the procedural requirements of the Fair Work Act.

The Fair Work Commission, after considering the submissions from both the applicant and the employees' representatives, concluded that the proposed changes were consistent with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions and did not result in employees being paid less than the applicable minimum rates. The Commission also determined that the agreement was genuinely negotiated and that the procedural requirements of the Fair Work Act had been satisfied. Based on these findings, the Commission approved the Intracon Pty Ltd Enterprise Agreement 2017.

The Fair Work Commission's decision was that the Intracon Pty Ltd Enterprise Agreement 2017 was approved and would be registered as a registered agreement under the Fair Work Act. This approval meant that the agreement would now regulate the terms and conditions of employment between Intracon Pty Ltd and its employees, subject to the provisions of the agreement and the Fair Work Act. The approval was subject to the agreement being lodged with the Commission within the specified timeframes.

Intracon Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established