DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Christies People Services Pty Ltd
(AG2015/4379)

CHRISTIES PEOPLE SERVICES ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the Christies People Services Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Christies People Services Pty Ltd 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 Christies People Services 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 2 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Christies People Services Pty Ltd, the applicant, sought approval of the Christies People Services Pty Ltd Enterprise Agreement 2015-2019 under the Fair Work Act 2009. The applicant argued that the enterprise agreement was fair and met the necessary criteria for approval by the Fair Work Commission. The case was heard in the Federal Circuit Court of Australia.

The central legal issue before the court was whether the enterprise agreement was fair and met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was genuinely intended to be an enterprise agreement, if it dealt with the matters specified by the Act, and if it was free from any unfair content. Additionally, the court examined if the agreement was made in accordance with the relevant provisions of the Act.

The court found that the Christies People Services Pty Ltd Enterprise Agreement 2015-2019 was fair and met all statutory requirements for approval. The court noted that the agreement was genuinely intended to be an enterprise agreement and that it dealt with the necessary matters as specified by the Fair Work Act 2009. The court also determined that the agreement was free from any unfair content and had been made in accordance with the relevant provisions of the Act. As a result, the court approved the enterprise agreement.

The court ordered that the Christies People Services Pty Ltd Enterprise Agreement 2015-2019 be approved and registered as a certified agreement under the Fair Work Act 2009. The agreement was to be effective from the date of the decision and remain in force until the date specified within the agreement or until it was terminated or replaced by a new certified agreement.

Christies People Services 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