DECISION

Fair Work Act 2009
s.185—Enterprise agreement

High Impact Solutions Pty Ltd
(AG2019/1640)

HIGH IMPACT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 29 JULY 2019

Application for approval of the High Impact Solutions Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the High Impact Solutions Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by High Impact Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[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 with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

High Impact Solutions Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The company and the union representing its employees had negotiated the agreement, which sought to govern the terms and conditions of employment for the workers. The Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it was made in good faith, and whether it provided for a proper process for resolving disputes. Specifically, the union argued that the agreement did not adequately address issues related to penalty rates and shift loading, and that it failed to provide sufficient mechanisms for resolving disputes between the company and employees.

The Commission found that the agreement contained all the mandatory terms and was made in good faith. While the union's concerns about penalty rates and shift loading were valid, the Commission determined that the agreement provided sufficient protections for employees in these areas. The Commission also found that the dispute resolution process outlined in the agreement was appropriate and provided for an effective means of resolving any disputes that may arise. As such, the Commission approved the agreement.

The Fair Work Commission approved the High Impact Solutions Pty Ltd Enterprise Agreement 2019, finding that it met the statutory requirements for approval under the Fair Work Act. The union's concerns about penalty rates and shift loading were acknowledged, but the Commission determined that the agreement provided sufficient protections for employees in these areas. The dispute resolution process outlined in the agreement was also found to be appropriate, providing for an effective means of resolving any disputes that may arise between the company and employees.

High Impact 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