Intuitous Pty Ltd

[2013] FWCA 5175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Intuitous Pty Ltd
(AG2013/7515)

INTUITOUS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 6 AUGUST 2013

Application for approval of the Intuitous Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Intuitous Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] I had some concerns regarding clause 5 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Intuitous Pty Ltd recently appeared before the Fair Work Commission in an application to approve the Intuitous Enterprise Agreement 2013. The application was brought by Intuitous, an employer, seeking formal approval of the agreement which was negotiated with its employees. The dispute centred around whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding the procedural fairness and the coverage of the agreement.

The central legal issues addressed by the Commission involved the fairness of the bargaining process and the coverage of the agreement. Intuitous had to demonstrate that the agreement was made in good faith and that it adhered to the procedural fairness requirements. Additionally, the Commission had to determine whether the agreement covered all the necessary employee groups and that it met the statutory criteria for approval.

The Commission examined the evidence provided by both parties, focusing on the negotiation process and the content of the agreement. It found that the bargaining process was conducted in good faith and that the agreement was fair and reasonable. The Commission also confirmed that the agreement was properly formed and covered the appropriate employee groups, meeting the statutory criteria. As a result, the Commission approved the agreement, recognising its compliance with the Fair Work Act 2009.

The final orders of the Commission were to approve the Intuitous Enterprise Agreement 2013, effective from the date of the decision. This approval formalises the terms and conditions of employment for the relevant employees and ensures the agreement's enforceability under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established