DECISION

Fair Work Act 2009
s.185—Enterprise agreement

360 Personnel Pty Ltd T/A 360 Personnel Pty Ltd
(AG2020/1072)

360 PERSONNEL PTY LTD ENTERPRISE AGREEMENT 2020 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 1 MAY 2020

Application for approval of the 360 Personnel Pty Ltd Enterprise Agreement 2020 - 2024.

[1] An application has been made for approval of an enterprise agreement known as the 360 Personnel Pty Ltd Enterprise Agreement 2020 - 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 May 2020. The nominal expiry date of the Agreement is 30 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of 360 Personnel Pty Ltd T/A 360 Personnel Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement proposed by the employer, 360 Personnel Pty Ltd. The applicant, who is a registered organisation, sought to have the 360 Personnel Pty Ltd Enterprise Agreement 2020 - 2024 approved under the Fair Work Act 2009. The dispute primarily involved the terms and conditions of employment as outlined in the proposed agreement, which was intended to govern the relationship between the employer and its employees.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission needed to assess whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Furthermore, the Commission had to determine whether the agreement provided for a fair and reasonable outcome for all parties involved, taking into account the broader economic and social context.

In reaching its decision, the Commission considered the evidence presented by both parties and examined the terms of the proposed agreement in detail. The Commission found that the agreement met the statutory requirements and was made in good faith. It noted that the agreement contained all the necessary minimum terms and conditions, and that it provided for a fair and reasonable outcome for both the employer and the employees. The Commission also highlighted the importance of the agreement in providing a stable and predictable employment environment for the employees, which was particularly relevant given the current economic climate. Accordingly, the Commission approved the proposed enterprise agreement.

The final orders of the Commission included the approval of the 360 Personnel Pty Ltd Enterprise Agreement 2020 - 2024, with the agreement to be registered with the Fair Work Commission. The decision underscores the importance of ensuring that enterprise agreements comply with the relevant statutory requirements and provide for a fair and reasonable outcome for all parties involved.

360 Personnel Pty Ltd T/A 360 Personnel 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