DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Advanced Lifestyle Solutions Pty Ltd
(AG2019/2524)

ADVANCED LIFESTYLE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 2 AUGUST 2019

Application for approval of the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Advanced Lifestyle Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] I observe that clause 7.2.2 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 3.4.5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] I note that clauses 5.1.8 and 9.4.3 of the Agreement may not be permitted deductions within the meaning of s.324 of the Act, and clauses 13.6 and 13.7 may be unreasonable requirements to spend or pay amounts within the meaning of s.325 of the Act. Pursuant to s.326 of the Act, these clauses are likely to have no effect to the extent that they are not permitted deductions or are unreasonable requirements to spend. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[6] 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.

[7] The Agreement was approved on 2 August 2019 and, in accordance with s.54, will operate from 9 August 2019. The nominal expiry date of the Agreement is 2 August 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Advanced Lifestyle Solutions Pty Ltd, represented by its managing director, applied for approval of the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2019 - 2023. The application was brought under the Fair Work Act 2009, and the case was heard in the Fair Work Commission. The applicant argued that the agreement met the requirements of the Act, including providing for a modern award, meeting minimum safety net entitlements, and ensuring the agreement was fairly negotiated.

The central legal issue was whether the agreement satisfied the statutory criteria for approval, including the requirement for the agreement to be fairly negotiated and for it to meet minimum safety net entitlements. The applicant needed to demonstrate that the agreement was negotiated in good faith and that it provided for terms and conditions that were not less favourable than the applicable modern award. Additionally, the court had to consider whether the agreement contained any terms that were outside the scope of permissible matters under the Act.

In considering the application, the Fair Work Commission examined the negotiation process and the terms of the agreement. It found that the negotiation process was conducted in good faith and that the terms of the agreement were not less favourable than the applicable modern award. The Commission also confirmed that the agreement contained no terms that were outside the scope of permissible matters under the Act. Therefore, the Commission approved the agreement, finding it to be a lawful and valid enterprise agreement.

The Fair Work Commission approved the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2019 - 2023, effective from 1 April 2019, and valid until 31 March 2023. The approval was subject to the usual transitional provisions and the right of employees to apply for registered individual flexibility arrangements.

Advanced Lifestyle Solutions 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