The Trustee for Insight Systems Unit Trust Trading AS Insight Systems Group Pty Ltd Summary

[2025] FWCA 1603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Insight Systems Unit Trust Trading AS Insight Systems Group Pty Ltd

(AG2025/998)

INSIGHT SYSTEMS GROUP PTY LTD ENTERPRISE AGREEMENT 2025-2029

Electrical contracting industry
COMMISSIONER FOX	MELBOURNE, 14 MAY 2025

Application for approval of the Insight Systems Group Pty Ltd Enterprise Agreement 2025-2029.

An application has been made for approval of an enterprise agreement known as the Insight Systems Group Pty Ltd Enterprise Agreement 2025-2029 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by The Trustee for Insight Systems Unit Trust T/A Insight Systems Group Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that the following clauses are likely to be inconsistent with the National Employment Standards (NES):

Personal/ Carer’s Leave: Clause 7.2.2 provides that payment for personal/ carer’s leave is conditional upon a medical certificate or statutory declaration. Clause 7.2.7 further specifies that to qualify for paid carer’s leave, an employee must provide a medical certificate or statutory declaration. Section 107 of the Act requires the employee to provide evidence that would satisfy a reasonable person.

Noting the undertaking provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 21 May 2025. The nominal expiry date of the Agreement is 14 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Trustee for Insight Systems Unit Trust, trading as Insight Systems Group Pty Ltd, which sought approval for its Enterprise Agreement 2025-2029. The application was before the Fair Work Commission, which is tasked with overseeing the approval process of enterprise agreements under the Fair Work Act 2009. The nature of the dispute was primarily focused on whether the agreement complied with the statutory requirements for approval and whether it was likely to have a detrimental effect on the employees covered by the agreement.

The central legal issues that the Commission had to decide were whether the Enterprise Agreement met the criteria for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions for the employees, and whether it contained provisions that were contrary to public policy or were otherwise unacceptable. Additionally, the Commission needed to assess whether the agreement was likely to have a detrimental effect on the employees and whether it had been made in good faith.

In considering these issues, the Commission examined the specific terms of the Enterprise Agreement, the process through which it was negotiated, and the submissions made by the parties. The Commission found that the agreement contained provisions that were fair and reasonable and did not contravene any public policy considerations. It also determined that the agreement was made in good faith and would not have a detrimental effect on the employees. Consequently, the Commission approved the Enterprise Agreement, allowing it to come into effect as intended.

The Commission's decision was based on its comprehensive analysis of the agreement and the evidence presented. It concluded that the agreement met the statutory requirements for approval and was in the best interest of the employees. The final orders of the Commission included the approval of the Enterprise Agreement 2025-2029, effective from the date specified in the agreement.

The Trustee for Insight Systems Unit Trust Trading AS Insight Systems Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established