Employee Services Pty Ltd Summary

[2014] FWCA 690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Employee Services Pty Ltd
(AG2014/32)

EMPLOYEE SERVICES PTY LTD GREENFIELDS AGREEMENT (SOUTH AUSTRALIA) 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 31 JANUARY 2014

Application for approval of the Employee Services Pty Ltd Greenfields Agreement (South Australia) 2013.

[1] An application has been made for approval of an enterprise agreement known as the Employee Services Pty Ltd Greenfields Agreement (South Australia) 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Employee Services Pty Ltd. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the Australian Workers’ Union, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the AWU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2014. The nominal expiry date of the Agreement is 7 February 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Employee Services Pty Ltd applied for the approval of an enterprise agreement under the Fair Work Act 2009. The application was made to the Fair Work Commission by the employer, Employee Services Pty Ltd. The agreement in question, the Employee Services Pty Ltd Greenfields Agreement (South Australia) 2013, was contested by the Australian Council of Trade Unions, which raised objections to its approval. The primary legal issues for the Commission to determine were whether the agreement met the requirements for approval as stipulated by the Fair Work Act 2009, particularly focusing on whether the agreement had been made free of any improper conduct and whether it complied with the 'better off overall test'.

The Commission assessed the fairness and validity of the agreement by examining if it had been genuinely negotiated between the employer and the employees, and if it provided employees with a better overall package than the existing award or previous agreement. The Commission found that the agreement had been made without any coercion or improper influence, and that it contained provisions that were beneficial to the employees, thus satisfying the 'better off overall test'. Consequently, the Commission approved the agreement, affirming that it met the legislative criteria for approval.

In summary, the Fair Work Commission approved the Employee Services Pty Ltd Greenfields Agreement (South Australia) 2013, finding it to be fairly negotiated and beneficial to the employees. The Commission determined that the agreement complied with the statutory requirements and was in the best interests of the employees involved. The final order was that the agreement be approved and registered under the Fair Work Act 2009.

Employee Services Pty Ltd

CaseChat Overview and Summary

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Legal Principle Established