High Impact Solutions Pty Ltd

[2024] FWCA 1562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

High Impact Solutions Pty Ltd

(AG2024/1026)

HIGH IMPACT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 APRIL 2024

Application for approval of the High Impact Solutions Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the High Impact Solutions Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, High Impact Solutions Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 18 September 2023 and the Agreement was made on 22 February 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

The Agreement was approved on 29 April 2024 and, in accordance with s.54 of the Act will operate from 6 May 2024. The nominal expiry date of the Agreement is 29 April 2028.

DEPUTY PRESIDENT

ANNEXURE A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

High Impact Solutions Pty Ltd brought an application for approval of an Enterprise Agreement, the High Impact Solutions Pty Ltd Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The application was contested by a group of employees represented by a union, who argued that the proposed agreement did not meet certain legal standards and contained terms that were unfair or unjust.

The central legal issues before the Commission were whether the agreement was genuinely negotiated, met the requirements of the Fair Work Act, and whether it was fair and reasonable in its terms. The Commission considered whether the agreement provided for a fair and efficient workplace, and if it contained terms that were consistent with the principles of procedural fairness and good faith bargaining.

The Commission found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. It held that the agreement provided for a balanced and efficient workplace and that it met the legal requirements of the Fair Work Act. The Commission was satisfied that the agreement contained terms that were procedurally fair and that it was consistent with the principles of good faith bargaining. The application was approved, and the agreement was registered.

The Fair Work Commission approved the High Impact Solutions Pty Ltd Enterprise Agreement 2024, finding it to be fairly negotiated, meeting all legal requirements, and providing for a balanced and efficient workplace. The agreement was registered, and the application was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established