Invensys Controls Australia Pty Limited Summary

[2013] FWCA 6008

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Invensys Controls Australia Pty Limited
(AG2013/7520)

INVENSYS CONTROLS AUSTRALIA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 23 AUGUST 2013

Application for approval of the Invensys Controls Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Invensys Controls Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Invensys Controls Australia Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 14 August 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 30 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Invensys Controls Australia Pty Limited, sought approval of the Invensys Controls Australia Enterprise Agreement 2013. The respondent, the Australian Manufacturing Workers' Union, represented the employees. The dispute centred around whether the agreement provided adequate terms and conditions for the employees, and whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the "better off overall test", ensuring that employees were not worse off financially or in terms of conditions compared to their previous arrangements. Another key issue was whether the agreement met the requirements for a "single interest employer" and "single interest employee" bargaining, ensuring that both parties represented the interests of their members or employees appropriately. The Commission also had to consider whether the agreement provided for appropriate dispute resolution mechanisms.

The Commission found that the agreement satisfied the better off overall test and met the requirements for single interest employer and employee bargaining. The agreement provided for adequate pay rates, conditions, and dispute resolution mechanisms. The Commission approved the agreement, noting that it provided a fair and reasonable outcome for both parties, and was in the best interests of the employees.

The Commission's final orders included the approval of the Invensys Controls Australia Enterprise Agreement 2013, with the agreement to be registered with the Fair Work Commission. The approved agreement is to be in effect from the date of the decision and will govern the employment conditions of the employees represented by the respondent union.

Invensys Controls Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established