DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

High Impact Solutions Pty Ltd
(AG2015/2210)

HIGH IMPACT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 9 APRIL 2015

Application for approval of the High Impact Solutions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the High Impact Solutions Pty Ltd Enterprise Agreement 2015 (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] An undertaking has been provided in the following terms:

“1. A “shift worker” within the meaning of clause 22.5 will receive the additional week’s leave as provided under the National Employment Standards.

2. Employees are not rostered to work arrangements of the nature set out in clause 19.4 on a regular basis.

3. Reasonable additional hours does not involve regular arrangements of the nature referenced in clause 19.4.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 April 2015. The nominal expiry date of the Agreement is 16 April 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to this case are High Impact Solutions Pty Ltd, an enterprise, and its employees represented by the Electrical Trades Union of Australia. The dispute was heard by the Fair Work Commission, an Australian federal statutory tribunal, and concerns the approval of an enterprise agreement. The primary issue before the tribunal was whether the agreement, which was intended to be a single enterprise agreement, complied with the relevant legislative provisions and whether the application met the requirements for approval.

The tribunal needed to decide if the proposed agreement appropriately addressed the matters specified in the Fair Work Act 2009, including the conditions of employment and the terms and conditions of work. Additionally, the tribunal examined whether the agreement was made in good faith and whether the requisite majority of employees and employers supported it. The tribunal also considered whether the agreement provided for fair and reasonable terms, and whether it included appropriate dispute resolution mechanisms.

After reviewing the evidence and submissions from both parties, the tribunal found that the agreement substantially complied with the statutory requirements. The tribunal determined that the agreement was made in good faith and that it was supported by the requisite majority. The tribunal also concluded that the terms of the agreement were fair and reasonable, and that it included appropriate dispute resolution mechanisms. As a result, the tribunal approved the agreement, enabling it to come into effect as intended.

The final orders of the tribunal were that the High Impact Solutions Pty Ltd Enterprise Agreement 2015 be approved in accordance with the Fair Work Act 2009. The agreement was to be registered and enforceable from the date of the decision, providing a binding framework for the employment relationship between the enterprise and its 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