ITS Trenchless Pty Ltd

[2013] FWCA 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

ITS Trenchless Pty Ltd
(AG2013/432)

ITS TRENCHLESS EMPLOYEE COLLECTIVE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 MAY 2013

Application for approval of ITS Trenchless Employee Collective Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the ITS Trenchless Employee Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by ITS Trenchless Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 13 May 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

The applicant, ITS Trenchless Pty Ltd, sought approval of the ITS Trenchless Employee Collective Agreement 2013 (the Agreement) from the Fair Work Commission (the Commission). The Agreement, which would replace the existing collective agreement, sought to address various employment conditions for the employees of the respondent, ITS Trenchless Pty Ltd, an engineering and construction company. The Commission was required to determine whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the Agreement contained all the mandatory terms required by section 229 of the Fair Work Act, whether the Agreement was consistent with the Fair Work Act’s public interest and object of providing for “fair work outcomes”, and whether the Agreement had been negotiated in good faith. Additionally, the Commission needed to consider whether the Agreement complied with the procedural requirements of the Fair Work Act.

In determining the application, the Commission found that the Agreement contained all the mandatory terms required by the Fair Work Act and was consistent with the Act’s public interest and object. The Commission also concluded that the Agreement had been negotiated in good faith and that all procedural requirements had been met. The Commission noted that the Agreement provided for improved terms and conditions for employees, including increased wages and better access to leave provisions. The Commission found that these improvements aligned with the objective of providing fair work outcomes.

Accordingly, the Commission approved the Agreement under section 233 of the Fair Work Act. The applicant was authorised to implement the Agreement on the terms and conditions specified in the approval. The Commission emphasised that the approval was subject to compliance with all terms and conditions of the Agreement and that any failure to do so could result in the Agreement being declared void.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established