DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Isentia Pty Limited T/A Isentia
(AG2019/2687)

ISENTIA ENTERPRISE AGREEMENT 2019

Miscellaneous
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 SEPTEMBER 2019

Application for approval of the Isentia Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Isentia Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Media, Entertainment and Arts Alliance being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Isentia Pty Limited, trading as Isentia, applied for the approval of the Isentia Enterprise Agreement 2019. The application was heard in the Fair Work Commission (FWC). The FWC was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the FWC had to assess if the agreement was fairly negotiated, provided adequate protections for employees, and did not adversely affect the employees’ terms and conditions of employment.

The central legal issues revolved around the fairness of the negotiation process and whether the agreement provided adequate protections for the employees. The FWC examined whether there was genuine negotiation, if the agreement complied with the Fair Work (Registered Organisations) Act 2009, and whether it ensured the employees' terms and conditions were not less favourable than the relevant award or safety net award. The FWC also considered the views of the employees and whether there was a genuine effort to achieve agreement.

In its decision, the FWC found that the Isentia Enterprise Agreement 2019 met the criteria for approval. The FWC concluded that the agreement was fairly negotiated and provided adequate protections for the employees. The FWC also found that the agreement did not result in employees being less favourably treated compared to the relevant award or safety net award. The FWC approved the application and registered the agreement.

The FWC's final order was the approval and registration of the Isentia Enterprise Agreement 2019, effective from the date of the decision. The FWC's decision was based on the evidence presented and the legal criteria set out in the Fair Work Act 2009 and related legislation. The agreement was deemed to provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Isentia Pty Limited T/A Isentia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established