DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galaxy Personnel Pty Ltd T/A Galaxy Personnel
(AG2016/6020)

GALAXY PERSONNEL ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 NOVEMBER 2016

Application for approval of the Galaxy Personnel Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Galaxy Personnel 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 Galaxy Personnel Pty Ltd T/A Galaxy Personnel. 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, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2016. The nominal expiry date of the Agreement is 23 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Galaxy Personnel Pty Ltd, trading as Galaxy Personnel, applied to the Fair Work Commission for approval of the Galaxy Personnel Enterprise Agreement 2016. The dispute arose from disagreements between the employer and the union representing the employees over the terms and conditions of the proposed agreement. The matter was brought before the Fair Work Commission, which is the tribunal responsible for regulating industrial relations matters in Australia.

The legal issues the court had to address were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, specifically in terms of its provisions on minimum entitlements, procedural fairness, and the protection of employees' rights. The union argued that the agreement did not adequately protect employees' rights, while the employer contended that the agreement was fair and reasonable.

In its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail and considered submissions from both parties. The court found that while the agreement contained some provisions that were not compliant with the Act, these issues could be rectified through minor amendments. The court also noted that the agreement contained provisions that went beyond the minimum entitlements required by law, which was a positive factor in favour of its approval. Ultimately, the court approved the agreement subject to certain conditions, including the requirement that the employer make specified amendments to address the issues identified by the court.

The final orders of the court were that the Galaxy Personnel Enterprise Agreement 2016 be approved, subject to the conditions set out in the decision. The employer was required to make the specified amendments to the agreement within a specified timeframe, and the union was granted certain rights to monitor the implementation of the agreement. The court's decision provides guidance on the requirements for an enterprise agreement to be approved by the Fair Work Commission, and highlights the importance of ensuring that such agreements adequately protect employees' rights while also meeting the needs of employers.

Galaxy Personnel Pty Ltd T/A Galaxy Personnel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established