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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

First People Recruitment Solutions Pty Ltd, trading as First People Recruitment Solutions, applied to the Fair Work Commission for approval of its Enterprise Agreement 2018. The dispute centred on the validity and enforceability of certain provisions within the agreement, particularly those relating to employee classification and the calculation of overtime rates. The Commission was tasked with determining whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement met the necessary standards for approval under the Fair Work Act. Specifically, the court needed to assess if the agreement was a "bargained" agreement, if it contained the mandated minimum terms and conditions, and if it was consistent with the Fair Work Act's objectives, including ensuring fairness and maintaining harmonious workplace relations. Additionally, the Commission had to consider if the provisions regarding employee classification and overtime rates were fair and reasonable.

In delivering its decision, the Commission examined the process by which the agreement was negotiated and the fairness of the provisions in question. The Commission found that while the agreement had been negotiated in good faith and met most requirements of the Act, the provisions concerning employee classification and overtime were not entirely consistent with the legislative objectives. The Commission emphasised the need for clarity in employee classification and equitable treatment in overtime calculations. Consequently, the Commission varied certain provisions of the agreement to ensure they aligned with the statutory requirements and objectives of the Fair Work Act.

The Commission approved the Enterprise Agreement with the modified provisions, ensuring that the agreement was fair and met the necessary legal standards. The final orders included specific amendments to the classification and overtime provisions, ensuring that they were consistent with the Fair Work Act and its objectives.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established