DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IPM Operations & Maintenance Kwinana Pty Ltd
(AG2014/10180)

IPM OPERATION & MAINTENANCE KWINANA ENTERPRISE AGREEMENT- 2014

Electrical power industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 29 JANUARY 2015

Application for approval of the IPM Operation & Maintenance Kwinana Enterprise Agreement - 2014.

[1] An application has been made for approval of an enterprise agreement known as the IPM Operation & Maintenance Kwinana 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 IPM Operation & Maintenance Kwinana Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from IPM Operations & Maintenance Kwinana Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2015. The nominal expiry date of the Agreement is 27 January 2018.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

IPM Operations & Maintenance Kwinana Pty Ltd sought approval of the IPM Operations & Maintenance Kwinana Enterprise Agreement - 2014 in the Fair Work Commission. The application was brought by the employer, seeking to have the agreement registered under the Fair Work Act 2009. The agreement was intended to regulate the employment terms and conditions of its employees, including aspects such as wages, hours of work, and other employment-related matters.

The primary legal issues that the Commission was required to address were whether the agreement met the statutory requirements for approval and registration under the Fair Work Act 2009. This included ensuring that the agreement had been genuinely negotiated, covered the necessary minimum terms, and was free from any prohibited content. Additionally, the Commission needed to confirm that the agreement was in the best interests of the employees it covered.

The Commission found that the agreement complied with all necessary statutory requirements. It had been genuinely negotiated between the employer and the relevant employee representatives. The agreement covered all the required minimum terms, such as wages, allowances, penalty rates, and maximum weekly hours, and was free from any prohibited content. The Commission also determined that the agreement was in the best interests of the employees, as it provided them with fair and reasonable terms of employment. Consequently, the Commission approved and registered the IPM Operations & Maintenance Kwinana Enterprise Agreement - 2014.

The Fair Work Commission approved and registered the IPM Operations & Maintenance Kwinana Enterprise Agreement - 2014, effective from the date of the decision. The agreement was to be in force for a period of four years, until it was terminated or replaced by a new agreement.

IPM Operations & Maintenance Kwinana Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established