First People Recruitment Solutions Pty Ltd T/A First People Recruitment Solutions

[2018] FWCA 4399

[2018] FWCA 4399

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First People Recruitment Solutions Pty Ltd T/A First People Recruitment Solutions
(AG2018/1693)

FIRST PEOPLE RECRUITMENT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 JULY 2018

Application for approval of the First People Recruitment Solutions Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the First People Recruitment Solutions Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by First People Recruitment Solutions Pty Ltd T/A First People Recruitment Solutions. The Agreement is a single enterprise agreement.

[2] I observe the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 26.1 – public holiday;

•  Clause 24 – parental leave

[3] However, noting clause 3.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer 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.

[5] Subject to the undertakings referred to above, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2018. The nominal expiry date of the Agreement is 31 December 2021.

COMMISSIONER

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Annexure A