Inveris Training Solutions Pty Ltd T/A Inveris Training Solutions Pty Ltd Summary

[2022] FWCA 1211

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Inveris Training Solutions Pty Ltd T/A Inveris Training Solutions Pty Ltd

(AG2022/797)

InVeris Training Solutions Pty Ltd Head Office Enterprise Agreement 2021

Miscellaneous
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 APRIL 2022

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

An application has been made for approval of an enterprise agreement known as the Inveris Training Solutions Pty Ltd Head Office Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 12 April 2022. The nominal expiry date of the Agreement is 4 April 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Inveris Training Solutions Pty Ltd, trading as Inveris Training Solutions Pty Ltd, applied for the approval of the InVeris Training Solutions Pty Ltd Head Office Enterprise Agreement 2021 before the Fair Work Commission. The applicant sought to have the agreement approved under the Fair Work Act 2009, which governs the terms and conditions of employment in Australia. The dispute centred around the provisions of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment for the employees of the applicant company.

The legal issues the court had to decide involved whether the enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" and whether it contained any unlawful content. The "better off overall test" requires that the employees be no worse off financially under the agreement than they would have been under their existing terms and conditions of employment, or that they are better off overall. Additionally, the court had to determine if the agreement contained any provisions that were contrary to the principles of the Fair Work Act 2009, such as provisions that could undermine the rights of employees or create unfair working conditions.

The Fair Work Commission, after reviewing the evidence and submissions, found that the InVeris Training Solutions Pty Ltd Head Office Enterprise Agreement 2021 met the "better off overall test" and did not contain any unlawful content. The commission concluded that the agreement provided fair and reasonable terms and conditions of employment for the employees, and that it did not undermine any rights or create unfair working conditions. The court approved the agreement, emphasising the importance of fair and balanced enterprise agreements in maintaining harmonious industrial relations.

The final orders of the court were that the InVeris Training Solutions Pty Ltd Head Office Enterprise Agreement 2021 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the employees of the applicant company are regulated by the provisions of the agreement, promoting fairness and balance in the workplace.

Inveris Training Solutions Pty Ltd T/A Inveris Training Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established