DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Global Product Search Pty Ltd
(AG2018/3771)

GLOBAL PRODUCT SEARCH ENTERPRISE AGREEMENT 2018

Miscellaneous
DEPUTY PRESIDENT LAKE	BRISBANE, 10 APRIL 2019

Application for approval of the Global Product Search Enterprise Agreement 2018.

[1] An Application has been made under s.185 of the Fair Work Act 2009 (The Act) for approval of an enterprise agreement known as the Global Product Search Enterprise Agreement 2018 (The Agreement). It has been made by Global Product Search Pty Ltd (The Employer). It is a single enterprise agreement.

[2] The Employer has provided written undertakings which are annexed to the Agreement. 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] The Agreement is approved and, in accordance s.54 of the Act, will operate from 17 April 2019. The nominal expiry date of the Agreement is 10 April 2023.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Global Product Search Pty Ltd applied to the Fair Work Commission for approval of the Global Product Search Enterprise Agreement 2018. The company is a large employer in the technology sector. The dispute centred on the validity and fairness of the proposed agreement, which sought to establish new terms of employment for the company's employees. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was procedurally and substantively valid. Procedurally, the Commission had to consider whether the agreement was genuinely negotiated between the parties, as required by section 228 of the Act. Substantively, the Commission assessed whether the agreement met the ‘better off overall test’ under section 231 of the Act, ensuring that no employee would be worse off and some would be better off overall.

In its decision, the Commission found that the agreement was genuinely negotiated and met the better off overall test. The company presented evidence of extensive consultation and negotiation processes, which the Commission accepted as satisfactory. Regarding the better off overall test, the Commission determined that the proposed terms were fair and reasonable, providing benefits to employees without unduly disadvantaging the company. The Commission was satisfied that the agreement was in the best interests of the workforce and approved the application.

The Fair Work Commission approved the Global Product Search Enterprise Agreement 2018, noting the procedural and substantive fairness of the agreement. The decision highlighted the importance of genuine negotiation and the consideration of the overall benefits to employees. The Commission's approval ensures that the new terms of employment are legally binding and enforceable, providing a stable framework for industrial relations within the company.

Global Product Search 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