DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Generation-e Human Resources Pty Ltd T/A Generation-e Human Resources
(AG2020/2418)

GENERATION-E HUMAN RESOURCES PTY LTD AGREEMENT 2020-2024

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 SEPTEMBER 2020

Application for approval of the Generation-e Human Resources Pty Ltd Agreement 2020-2024.

[1] Generation-e Human Resources Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Generation-e Human Resources Pty Ltd Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided a written undertaking. A copy of the undertaking is attached at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application, and the 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 4 September 2020 and, in accordance with s 54, will operate from 11 September 2020. The nominal expiry date of the Agreement is 4 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Generation-e Human Resources Pty Ltd, trading as Generation-e Human Resources, applied for approval of the Generation-e Human Resources Pty Ltd Agreement 2020-2024. The applicant, a small business, sought to enter into an enterprise agreement with its employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with assessing the fairness and compliance of the agreement with legislative standards.

The key legal issues before the Commission included whether the agreement had been made in good faith, if it provided for genuine bargaining, and whether it contained the minimum terms and conditions as mandated by the Act. Additionally, the Commission examined whether the agreement adequately addressed the rights and obligations of both the employer and employees. The Commission had to determine if the proposed terms were fair and reasonable, taking into account the needs of both parties and the broader economic context.

In its decision, the Commission found that the agreement had been made in good faith and represented genuine bargaining efforts by the parties. The Commission concluded that the agreement met the statutory requirements and provided for the minimum terms and conditions as stipulated in the Act. The proposed agreement was deemed fair and reasonable, taking into account the specific circumstances of the business and its employees. Consequently, the Commission approved the Generation-e Human Resources Pty Ltd Agreement 2020-2024, effective from the date of the decision.

Generation-e Human Resources Pty Ltd T/A Generation-e Human Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established