INVISTA (Australia) Pty Limited Summary

[2014] FWCA 6203

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

INVISTA (Australia) Pty Limited
(AG2014/8465)

INVISTA (AUSTRALIA) PTY LIMITED EMPLOYEE COLLECTIVE AGREEMENT 2014

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 8 SEPTEMBER 2014

Application for approval of the INVISTA (Australia) Pty Limited Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the INVISTA (Australia) Pty Limited Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by INVISTA (Australia) Pty Limited (the Applicant). 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 relevant to this application for approval have been met.

[3] The Fair Work Commission received correspondence dated 26 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Business Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 8 September 2017.

COMMISSIONER

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, INVISTA (Australia) Pty Limited applied for the approval of the INVISTA (Australia) Pty Limited Employee Collective Agreement 2014. The application was brought by the company seeking to establish a collective agreement that would govern the terms and conditions of employment for its employees. The nature of the dispute revolved around whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the Employee Collective Agreement 2014 complied with the requirements set forth in the Fair Work Act. Specifically, the court needed to determine if the agreement had been genuinely bargained between the employer and the employees, if it adhered to the principles of the modern awards and the national employment standards, and if it included appropriate provisions for employee representation and dispute resolution.

The court meticulously examined the evidence presented, focusing on the process of bargaining and the content of the agreement. It concluded that the agreement had been genuinely negotiated between the parties and that it complied with the statutory requirements. The court found that the agreement contained provisions for fair and reasonable terms and conditions, including wages, leave entitlements, and other employment conditions. Furthermore, the agreement included mechanisms for employee representation and dispute resolution, which were deemed to be adequate. The court approved the agreement, finding that it met all necessary criteria for approval under the Fair Work Act.

The final orders of the court were that the INVISTA (Australia) Pty Limited Employee Collective Agreement 2014 be approved. This approval meant that the agreement would be registered and would come into effect as a binding agreement between the employer and its employees, governing their employment terms and conditions.

INVISTA (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