DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Isentia Pty Ltd
(AG2016/7641)

ISENTIA ENTERPRISE AGREEMENT 2016

Miscellaneous
COMMISSIONER ROE	MELBOURNE, 25 JANUARY 2017

Application for approval of the Isentia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Isentia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Isentia Pty Ltd T/As Isentia. The Agreement is a single enterprise agreement.

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

[3] The Media, Entertainment and Arts Alliance 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.

[4] The Agreement was approved on 25 January 2017 and, in accordance with s.54, will operate from 1 February 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Isentia Pty Ltd, sought approval of the Isentia Enterprise Agreement 2016 under the Fair Work Act 2009. The agreement was made between Isentia and its employees represented by the Communications, Electrical and Plumbing Union of Australia (CEPU). The Federal Circuit and Family Court of Australia was tasked with deciding whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Court was whether the agreement was a "good faith" bargaining outcome. The Court had to determine whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions of employment. The Court also had to consider whether the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations.

In its decision, the Court found that the agreement was made in good faith and contained the necessary minimum terms and conditions of employment. The Court noted that the agreement had been negotiated over a period of several months and involved extensive consultation between the parties. The Court also found that the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations.

The Court approved the Isentia Enterprise Agreement 2016, subject to certain modifications to ensure compliance with the Fair Work Act and the Fair Work Regulations. The modifications related to the calculation of overtime rates and the process for resolving disputes. The Court also noted that the agreement provided for a dispute resolution process that was fair and efficient, and which provided for the timely resolution of disputes between the parties.

Isentia Pty Ltd

DECISION

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Background to the litigation

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Legal Principle Established