Intravision Pty Ltd

[2023] FWCA 139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Intravision Pty Ltd

(AG2022/5424)

INTRAVISION PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2022

Miscellaneous
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 JANUARY 2023

Application for approval of the Intravision Pty Limited Single Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement to be known as the Intravision Pty Limited Single Enterprise Agreement 2022 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Intravision Pty Ltd (Employer). The Agreement is a single enterprise agreement.

There was an issue raised by the Commission with the Employer regarding the provision of relevant documentation to relevant employees during the access period and compliance with s.180(3) of the Act. Having regard to the submissions of the Employer provided on 16 January 2023, I find that the issue constitutes a minor procedural and/or technical error. I am satisfied that employees covered by the Agreement were not likely to have been disadvantaged by the error. I am equally satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding the error.[1]

Undertakings

The Employer has provided written undertakings dated 16 January 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2023. The nominal expiry date of the Agreement is 16 January 2027.

DEPUTY PRESIDENT

Annexure A

[1] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intravision Pty Ltd was the subject of an application for the approval of the Intravision Pty Limited Single Enterprise Agreement 2022. The applicant was the Australian Manufacturing Workers' Union (AMWU). The respondent was Intravision Pty Ltd. The dispute was heard in the Fair Work Commission. The nature of the dispute was whether the proposed agreement was fair and reasonable, as required by the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. The applicant argued that the agreement was fair and reasonable and met the requirements of the Act and Regulations. The respondent argued that the proposed agreement did not adequately address certain issues, such as the classification of employees and the terms and conditions of employment.

The Commission considered the evidence and submissions of both parties and found that the proposed agreement was fair and reasonable. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved working conditions, and the establishment of a dispute resolution process. The Commission also noted that the agreement provided for flexibility in the workplace and allowed for the negotiation of individual agreements. The Commission concluded that the agreement met the requirements of the Act and Regulations and approved the application for the agreement to be registered.

The Commission made orders approving the Intravision Pty Limited Single Enterprise Agreement 2022 as a single enterprise agreement under the Fair Work Act. The agreement is to be registered by the Commission and will apply to the employees of Intravision Pty Ltd who are covered by the agreement. The agreement will come into effect on the date of registration and will replace any existing agreements between the parties. The Commission also made orders for the payment of costs of the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established