DECISION

Fair Work Act 2009
s.185—Enterprise agreement

HIS Contract Services Pty Ltd
(AG2020/1973)

HIS CONTRACT SERVICES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 31 JULY 2020

Application for approval of the HIS Contract Services Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the HIS Contract Services Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by HIS Contract Services 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. The undertakings are taken to be a term of 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 8 September 2020. The nominal expiry date of the Agreement is 30 July 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, HIS Contract Services Pty Ltd sought approval for the HIS Contract Services Enterprise Agreement 2020. The applicant, a staffing agency, entered into the agreement with its employees, represented by the Australian Services Union. The dispute centred on whether the terms of the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the provisions governing the classification and remuneration of employees.

The primary legal issues revolved around whether the agreement provided adequate protection for employees' rights and whether it was free from any discriminatory terms. The Commission needed to determine if the agreement met the standard criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it complied with any relevant national employment standards.

The Commission examined the agreement's provisions for employee classification, remuneration, and other employment terms. It considered whether the agreement ensured employees were treated fairly and reasonably, and whether it adequately protected employee rights. The Commission concluded that the agreement met the necessary criteria for approval, as it provided for fair and reasonable terms and conditions and did not contain any discriminatory provisions. The Commission approved the agreement, finding it compliant with the relevant statutory requirements.

The Fair Work Commission approved the HIS Contract Services Enterprise Agreement 2020, subject to the terms and conditions outlined in the agreement. The approval ensures that the agreement will be applicable to the employees of HIS Contract Services Pty Ltd, providing a framework for their employment terms and conditions.

HIS Contract Services 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