DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Australian Personnel Group Pty Ltd
(AG2017/3686)

AUSTRALIAN PERSONNEL GROUP PTY LTD ENTERPRISE AGREEMENT 2017

Rail industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2017

Application for approval of the Australian Personnel Group Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Australian Personnel Group Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Australian Personnel Group Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2017. The nominal expiry date of the Agreement is 8 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Australian Personnel Group Pty Ltd and its employees, who were seeking approval of the Enterprise Agreement 2017. The application was brought under the Fair Work Act 2009, with the Commission tasked with determining whether the agreement met the necessary criteria for approval. The primary dispute centred on various terms and conditions outlined in the agreement, including pay rates, working hours, and employee benefits.

The legal issues the Commission needed to address included whether the agreement complied with the "better off overall test," ensuring that employees were not worse off financially, and whether it adhered to the "no disadvantage test," which mandates that employees under the agreement should not be disadvantaged compared to those not covered by it. Additionally, the Commission had to consider whether the agreement contained all mandatory terms as required by the Fair Work Act.

In its decision, the Commission found that the agreement did indeed satisfy the better off overall test and the no disadvantage test. The Commission highlighted that the proposed pay rates and conditions were fair and reasonable, and that the agreement provided for adequate employee protections and benefits. Furthermore, all mandatory terms were present and appropriately detailed in the agreement. Consequently, the Commission approved the application for the Australian Personnel Group Pty Ltd Enterprise Agreement 2017 to come into effect.

The Fair Work Commission's decision was final and binding, with the approved agreement set to govern the terms and conditions of employment for the employees of Australian Personnel Group Pty Ltd, effective from the date of the decision. The Commission's ruling ensured that the agreement was compliant with the statutory requirements and that the interests of both the employer and employees were adequately protected.

Australian Personnel Group 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