DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Peace of Mind Installation and Integration Pty Ltd
(AG2016/3413)

PEACE OF MIND INSTALLATION AND INTEGRATION ENTERPRISE AGREEMENT 2015 - 2019

Business equipment industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 28 JULY 2016

Application for approval of the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Peace of Mind Installation and Integration Pty Ltd. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 28 July 2016 and, in accordance with s.54, will operate from 4 August 2016. The nominal expiry date of the Agreement is 30 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Peace of Mind Installation and Integration Pty Ltd sought the approval of the Fair Work Commission for the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019. The applicant argued that the agreement met the requirements of section 230 of the Fair Work Act 2009, including that it contained the minimum terms and conditions of employment for its covered employees.

The Commission was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the employees would be no worse off and at least some employees would be better off overall under the agreement compared to the applicable award or safety net. The Commission considered whether the agreement provided for a reasonable balance of benefits and detriments for the employees, and whether it complied with the procedural requirements of the Act.

The Commission found that the agreement met the BOOT requirements and was procedurally compliant. The agreement provided for a reasonable balance of benefits and detriments for the employees, including a 12.5% increase in wages over the four-year period, increased leave entitlements, and the establishment of a dispute resolution procedure. The Commission approved the agreement on the basis that it met the requirements of section 230 of the Fair Work Act 2009.

The final orders of the Commission were that the Peace of Mind Installation and Integration Enterprise Agreement 2015 - 2019 be approved as a registered agreement, effective from 1 July 2015. The agreement was to be registered with the Fair Work Commission and would apply to all employees covered by the agreement for the duration of its term.

Peace of Mind Installation and Integration 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