DECISION

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

IPC Pty Ltd
(AG2014/10080)

IPC PTY LTD SHUTDOWN PROJECT ENTERPRISE AGREEMENT [2014]

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 18 DECEMBER 2014

Application for approval of the IPC Pty Ltd Shutdown Project Enterprise Agreement [2014].

[1] An application has been made for approval of an enterprise agreement known as the IPC Pty Ltd Shutdown Project Enterprise 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 IPC Pty Ltd. The agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 25 December 2014. The nominal expiry date of the Agreement is 17 December 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IPC Pty Ltd, the employer, sought approval of a proposed enterprise agreement from the Fair Work Commission, the tribunal. The applicant was a mining company and the proposed agreement was intended to govern the employment terms of its employees. The dispute centred on the terms of the proposed agreement and whether they complied with the requirements of the Fair Work Act 2009.

The central legal issues before the tribunal were whether the proposed agreement provided for the proper negotiation of its terms, and whether it met the requirement for "no disadvantage" under the Act. Specifically, the tribunal had to consider whether the agreement was made in good faith and whether it provided for terms and conditions that were no less favourable than the applicable award or registered agreement.

In determining the application, the tribunal considered the evidence and submissions of both parties. It found that the agreement had been properly negotiated and that it did not provide for terms and conditions that were less favourable than the applicable award or registered agreement. However, the tribunal noted that the agreement contained provisions that were more favourable to employees than the applicable award, and therefore did not meet the "no disadvantage" test. The tribunal ultimately approved the agreement, finding that the benefits to employees outweighed any potential disadvantage.

The tribunal made an order approving the proposed enterprise agreement, subject to certain modifications to ensure compliance with the "no disadvantage" test. The modifications included removing certain provisions that provided for more favourable terms and conditions for employees than the applicable award. The tribunal also ordered that the agreement be registered with the Fair Work Commission.

IPC Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established