DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Enhanced Labour Solutions
(AG2016/6952)

ENHANCED LABOUR SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 14 DECEMBER 2016

Application for approval of the Enhanced Labour Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Enhanced Labour Solutions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Enhanced Labour Solutions. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2016. The nominal expiry date of the Agreement is 13 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of the Fair Work Commission, the applicant, Enhanced Labour Solutions Pty Ltd, sought approval for the Enhanced Labour Solutions Pty Ltd Enterprise Agreement 2016. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, raised objections to the application. The dispute centred around several provisions within the agreement that the union argued were not fair and reasonable in various respects. The case was heard in the Fair Work Commission.

The primary legal issues revolved around whether certain provisions of the enterprise agreement were fair and reasonable. The union contended that several aspects of the agreement, including those related to employee classification, penalty rates, and work conditions, were not equitable and did not meet the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, and the union's objections were unfounded. The Commission was tasked with determining the validity of these objections and deciding whether the agreement should be approved.

The Commission considered the statutory criteria for approving an enterprise agreement, which include whether the agreement is fair and reasonable having regard to a number of factors, including the nature of the enterprise, employees, and employers involved. The Commission noted the union's objections and the applicant's defence. After careful consideration, the Commission found that while some provisions required modification to ensure fairness and reasonableness, the overall agreement could be approved with certain amendments. The Commission made orders for the agreement to be approved with specified changes to meet the statutory requirements.

The final orders of the Commission included the approval of the Enhanced Labour Solutions Pty Ltd Enterprise Agreement 2016, subject to certain modifications. These modifications addressed the union's concerns regarding employee classification, penalty rates, and work conditions. The agreement was to be amended in accordance with the Commission's directions to ensure compliance with the Fair Work Act 2009. The union and the applicant were directed to negotiate and finalise the necessary amendments within a specified timeframe.

Enhanced Labour Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established