DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Staff Solutions (3) Pty Limited
(AG2016/5805)

COMPLETE STAFF SOLUTIONS (3) PTY LIMITED ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 OCTOBER 2016

Application for approval of the Complete Staff Solutions (3) Pty Limited Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Complete Staff Solutions (3) Pty Limited Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Complete Staff Solutions (3) Pty Limited. The Agreement is a single enterprise agreement.

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

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2016. The nominal expiry date of the Agreement is 16 October 2020.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Complete Staff Solutions (3) Pty Limited, where the company sought approval of the Enterprise Agreement 2016-2020. The applicants argued that the proposed agreement was fair and reasonable, while the respondents raised concerns about the terms and conditions set forth in the agreement, particularly regarding pay rates, work hours, and employee benefits. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue was whether the proposed agreement met the "better off overall test" and whether it contained all the prescribed terms and conditions as stipulated by the Act. The respondents argued that the proposed agreement did not adequately address their concerns, particularly regarding pay rates and conditions for certain employees. The Commission also had to consider the extent to which the agreement allowed for fair and reasonable negotiation between the parties.

The Fair Work Commission found that the proposed agreement generally met the requirements of the Act. While acknowledging the respondents' concerns, the Commission determined that the agreement was fair and reasonable and met the better off overall test. The Commission emphasised that the agreement provided for fair and reasonable negotiation and contained all the prescribed terms and conditions. The Commission approved the agreement, subject to certain modifications to address specific concerns raised by the respondents regarding the pay rates for certain employees.

The Commission ordered that the Complete Staff Solutions (3) Pty Limited Enterprise Agreement 2016-2020 be approved with the modifications specified in the decision. The agreement would now be registered and enforceable, providing a framework for the employment relationship between the company and its employees for the duration of the agreement.

Complete Staff Solutions (3) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established