DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gerard Professional Solutions Pty Ltd
(AG2015/892)

GERARD PROFESSIONAL SOLUTIONS - LISAROW ENTERPRISE AGREEMENT 2014-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 MAY 2015

Application for approval of the Gerard Professional Solutions - Lisarow Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Gerard Professional Solutions - Lisarow Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Gerard Professional Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 20 April 2015.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union and the National Union of Workers, both being bargaining representatives for the Agreement, have given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers those organisations.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 May 2015. The nominal expiry date of the Agreement is 1 July 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the dispute were Gerard Professional Solutions Pty Ltd and Lisarow Enterprise Agreement 2014-2016. The matter was heard in the Fair Work Commission, which was tasked with approving the enterprise agreement in question. The applicant, Gerard Professional Solutions, sought the Commission's approval for the proposed agreement, which aimed to govern the employment terms and conditions of its employees. The legal issues that the Commission needed to decide upon were whether the agreement met the requirements set out in the Fair Work Act 2009 and if it complied with the relevant provisions of the Act.

The Commission carefully examined the proposed agreement to ensure it was fair and reasonable for all parties involved. It considered the various provisions of the agreement, including those relating to minimum wages, penalty rates, and leave entitlements. The Commission found that the agreement complied with the requirements of the Fair Work Act and was in line with the relevant provisions. It determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. As a result, the Commission approved the Gerard Professional Solutions - Lisarow Enterprise Agreement 2014-2016.

In reaching its decision, the Commission relied on the statutory framework provided by the Fair Work Act and its own precedents. It assessed the agreement against the criteria for approval, which included whether the agreement provided for a fair and reasonable method of determining employees' rates of pay and conditions of employment. The Commission also considered the impact of the agreement on employees' rights and the need to promote harmonious, productive, and cooperative workplace relations. Based on these factors, the Commission concluded that the proposed agreement met the necessary requirements and was therefore approved. This decision provides clarity for the parties involved and ensures that the terms and conditions of employment are fairly negotiated and agreed upon.

Gerard Professional Solutions 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