InVeris Training Solutions Pty Ltd T/A InVeris Training Solutions Pty Ltd

[2022] FWCA 1263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

InVeris Training Solutions Pty Ltd T/A InVeris Training Solutions Pty Ltd

(AG2022/982)

InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021

Miscellaneous
DEPUTY PRESIDENT EASTON	SYDNEY, 11 APRIL 2022

Application for the approval of the InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021

InVeris Training Solutions Pty Ltd T/A InVeris Training Solutions Pty Ltd (the Employer) has made an application for the approval of the InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 18 April 2022. The nominal expiry date of the Agreement is 11 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of InVeris Training Solutions Pty Ltd T/A InVeris Training Solutions Pty Ltd, the Fair Work Commission was tasked with approving the proposed InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021. The application was brought by the employer, InVeris Training Solutions Pty Ltd, and the agreement sought to cover the employees who are part of the operators' team. The dispute centred on whether the terms of the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues for the Commission to determine were whether the proposed agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith, whether it provided for fair and reasonable terms and conditions, and whether the agreement was appropriately certified as a simple, low risk, or greenfields agreement. Furthermore, the Commission needed to ensure that the agreement did not discriminate against any group of employees and that it adhered to the provisions outlined in the Fair Work Act.

Upon reviewing the evidence presented, the Commission found that the proposed agreement was made in good faith and contained terms and conditions that were fair and reasonable. The agreement was also appropriately certified as a simple agreement, which simplified the approval process. The Commission further determined that the agreement did not include any discriminatory provisions and complied with all relevant legislative requirements. Consequently, the Commission approved the InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021, deeming it suitable for implementation.

The final orders of the Commission were that the InVeris Training Solutions Pty Ltd Operators Enterprise Agreement 2021 be approved as of the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees from the effective date specified within the agreement. The approval marked the formal acceptance of the terms and conditions outlined in the agreement, providing a framework for the employment relationship between the employer and the operators.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established