DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Office Staffing Pty Ltd
(AG2019/727)

COMPLETE OFFICE STAFFING PTY LIMITED ENTERPRISE AGREEMENT 2018-2022

Storage services
COMMISSIONER JOHNS	SYDNEY, 29 APRIL 2019

Application for approval of the Complete Office Staffing Pty Limited Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Complete Office Staffing Pty Limited Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Complete Office Staffing 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 28 April 2023.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

Complete Office Staffing Pty Ltd applied to the Fair Work Commission for approval of the Complete Office Staffing Pty Limited Enterprise Agreement 2018 - 2022. The application was opposed by the Australian Services Union. The nature of the dispute centred on the proposed terms and conditions of employment within the enterprise agreement, particularly those relating to wages, working hours, and employee entitlements. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees.

The key legal issues before the Commission included whether the proposed terms provided fair and reasonable conditions for employees, and if the agreement adequately safeguarded employee rights and interests. Additionally, the Commission considered whether the agreement complied with the "better off overall test" as required by section 230 of the Fair Work Act 2009. This test mandates that employees are not worse off financially under the new agreement compared to their previous conditions.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The Commission determined that the agreement provided fair and reasonable terms and conditions, and that it satisfied the better off overall test. Consequently, the application for approval was granted, and the Complete Office Staffing Pty Limited Enterprise Agreement 2018 - 2022 was approved. The Fair Work Commission's decision was based on its assessment that the agreement was fair, balanced, and provided adequate protections for the employees.

Complete Office Staffing 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