High Impact Solutions Pty Ltd
[2024] FWCA 1562
•29 APRIL 2024
| [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.
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