DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Eureka Personnel Pty Ltd
(AG2015/1131)

EUREKA PERSONNEL PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 JUNE 2015

Application for approval of the Eureka Personnel Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Eureka Personnel Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Eureka Personnel Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 11 June 2015 and, in accordance with s.54, will operate from 18 June 2015. The nominal expiry date of the Agreement is 11 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Eureka Personnel Pty Ltd, an employer, sought approval of an enterprise agreement from the Fair Work Commission (FWC). The agreement was between Eureka Personnel Pty Ltd and various employees and sought to regulate employment terms and conditions. The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009. The primary issue before the FWV was whether the agreement was "better off overall" for the employees it covered. This was determined by comparing the terms of the proposed agreement with the terms of the relevant award or safety net awards. The employer argued that the agreement provided a better overall outcome for the employees by providing higher wages and better conditions in certain areas. The employees, represented by a union, argued that the agreement did not provide a better overall outcome as it contained provisions that were detrimental to the employees.

The FWC found that the agreement did not meet the "better off overall" test. The FWC found that while some provisions of the agreement were beneficial to the employees, other provisions were detrimental to the employees. The FWC also found that the agreement did not provide sufficient protections for employees in certain areas, such as termination of employment. The FWC rejected the employer's argument that the agreement provided a better overall outcome for the employees and found that the agreement did not meet the requirements of the Fair Work Act 2009. The employer was not granted approval of the enterprise agreement.

Eureka Personnel 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