IPM Operation & Maintenance Kwinana Pty Ltd Summary

[2017] FWCA 6796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

IPM Operation & Maintenance Kwinana Pty Ltd

(AG2017/3940)

IPM OPERATION & MAINTENANCE KWINANA ENTERPRISE AGREEMNT 2017

Electrical power industry
COMMISSIONER GREGORY	MELBOURNE, 18 DECEMBER 2017

Application for approval of the IPM Operation & Maintenance Kwinana Enterprise Agreement - 2017.

An application has been made for approval of an enterprise agreement known as the IPM Maintenance Kwinana Enterprise Agreement - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IPM Operation & Maintenance Kwinana Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal Administrative, Clerical and Union Services being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2017. The nominal expiry date of the Agreement is 17 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

IPM Operation & Maintenance Kwinana Pty Ltd recently came before the Fair Work Commission, where the dispute centred on the application for the approval of the IPM Operation & Maintenance Kwinana Enterprise Agreement - 2017. The application was made by the employer, seeking the Commission's endorsement of the proposed agreement, which had been negotiated with the relevant employee representatives. The Commission's task was to ensure that the agreement complied with the applicable provisions of the Fair Work Act 2009 and other relevant industrial instruments.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, including provisions related to minimum entitlements, the bargaining process, and the agreement's overall fairness. The Commission also needed to consider whether the agreement complied with any relevant awards or other industrial instruments that might apply. Furthermore, the Commission was required to assess whether the agreement provided for appropriate mechanisms for resolving disputes and whether it included provisions that adequately protected the interests of employees.

The Fair Work Commission determined that the proposed agreement met the legal requirements under the Fair Work Act and other relevant industrial instruments. The Commission found that the agreement provided for appropriate minimum entitlements for employees, and that the bargaining process had been conducted in a fair and reasonable manner. The Commission was satisfied that the agreement contained adequate dispute resolution mechanisms and that it did not unjustifiably disadvantage any party. Consequently, the Fair Work Commission approved the IPM Operation & Maintenance Kwinana Enterprise Agreement - 2017, enabling it to come into effect from the specified commencement date.

IPM Operation & Maintenance Kwinana Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established