Employment Advocacy Solutions Pty Ltd

[2013] FWCA 7725

FAIR WORK COMMISSION

DECISION

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

Employment Advocacy Solutions Pty Ltd
(AG2013/2430)

PEARLS MIIHOME SERVICES PTY LTD FACTORY/ONSITE STAFF SINGLE ENTERPRISE AGREEMENT - ABN 83158061977

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 3 OCTOBER 2013

Application for approval of the Pearls MiiHome Services Pty Ltd Factory/Onsite Staff Single Enterprise Agreement - ABN 83158061977.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 19 August 2013 by Employment Advocacy Solutions Pty Ltd for the approval of a single-enterprise agreement known as the Pearls MiiHome Services Pty Ltd Factory/Onsite Staff Single Enterprise Agreement - ABN 83158061977 (“the Agreement”).

[2] On 1 October 2013 the Employer provided 3 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Employment Advocacy Solutions Pty Ltd applied to the Fair Work Commission for approval of the Pearls MiiHome Services Pty Ltd Factory/Onsite Staff Single Enterprise Agreement. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which claimed that certain provisions of the agreement did not comply with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the requirements for approval under the Act. In particular, the Commission needed to consider whether the agreement provided for minimum terms and conditions of employment, including rates of pay, hours of work, leave entitlements, and other benefits.

The Commission examined the agreement in light of the relevant provisions of the Fair Work Act and relevant regulations. The Commission found that the agreement did not provide for a rate of pay that was at least equal to the relevant award rate, as required by section 109 of the Act. The Commission also found that the agreement did not provide for paid personal/carer’s leave or paid parental leave, as required by sections 112 and 113 of the Act. However, the Commission found that the other provisions of the agreement were consistent with the Act and its regulations. The Commission approved the agreement with modifications to ensure compliance with the Act.

The Commission made orders approving the agreement with modifications to ensure compliance with the Act. The modified agreement provides for a rate of pay that is at least equal to the relevant award rate, and for paid personal/carer’s leave and paid parental leave. The modified agreement also includes a clause that ensures that any future modifications to the agreement will be subject to the same approval process as the original agreement. The Commission directed that the modified agreement be registered with the Fair Work Ombudsman.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established