DECISION

Fair Work Act 2009
s.185—Enterprise agreement

IronMerge People Pty Ltd
(AG2021/6841)

IRONMERGE PEOPLE ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 2 SEPTEMBER 2021

Application for approval of the IronMerge People Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the IronMerge People Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by IronMerge People Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 9 September 2021. The nominal expiry date of the Agreement is 2 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

IronMerge People Pty Ltd applied to the Fair Work Commission for approval of the IronMerge People Enterprise Agreement 2021. The applicant is an employer with approximately 100 employees across various roles within the company. The dispute involved the terms and conditions of employment set forth in the proposed enterprise agreement, which the applicant sought to have recognised and enforceable.

The legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for minimum rates of pay, entitlements, and conditions of employment that complied with the Fair Work Act. Additionally, the Commission had to consider if the agreement was made in good faith and whether it provided for the proper registration of the agreement with the Fair Work Ombudsman.

The Commission determined that the agreement was made in good faith and provided for minimum rates of pay, entitlements, and conditions of employment that were not less favourable than the applicable awards. The agreement was found to be consistent with the relevant provisions of the Fair Work Act. Furthermore, the Commission was satisfied that the process followed in reaching the agreement was fair and appropriate. Consequently, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the IronMerge People Enterprise Agreement 2021, effective from the date of the decision. The agreement is to be registered with the Fair Work Ombudsman, and the terms will govern the employment conditions of the employees covered by the agreement.

IronMerge People 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