DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Impact Admin Services Pty Ltd ATF Impact Admin Services Trust T/A Impact Homes
(AG2017/2662)

IMPACT ADMIN SERVICES PTY LTD ATF IMPACT ADMIN SERVICES TRUST ABN 41 005 958 671 SINGLE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 NOVEMBER 2017

Application for approval of the Impact Admin Services Pty Ltd ATF Impact Admin Services Trust ABN 41 005 958 671 Single Enterprise Agreement 2017 - Agreement approved with undertakings.

[1] An application has been made for approval of an enterprise agreement known as the Impact Admin Services Pty Ltd ATF Impact Admin Services Trust ABN 41 005 958 671 Single Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Impact Admin Services Pty Ltd ATF Impact Admin Services Trust T/A Impact Homes (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the Applicant. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision at annexure A.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2017. The nominal expiry date of the Agreement is 29 November 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Impact Admin Services Pty Ltd ATF Impact Admin Services Trust T/A Impact Homes recently sought approval from the Fair Work Commission for a Single Enterprise Agreement 2017. The applicant is an employer in the construction industry, and the dispute involved the terms and conditions of employment for its employees. The Commission, after considering the application and submissions from both parties, approved the agreement with certain undertakings.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. In particular, the Commission needed to ensure that the agreement met the "better off overall test," which requires that employees be no worse off and at least some employees be better off financially under the new agreement compared to their previous conditions. Additionally, the Commission considered whether the agreement provided appropriate protections for employees, including minimum wage rates, penalty rates, leave entitlements, and other terms and conditions.

In rendering its decision, the Commission acknowledged that the proposed agreement generally met the statutory requirements. However, it identified certain areas of concern that needed to be addressed to ensure compliance with the Act. The Commission required the applicant to provide additional information and assurances regarding specific terms in the agreement. Following these requirements, the Commission was satisfied that the agreement could be approved with the stipulated undertakings. The approval was thus granted, ensuring that employees would benefit from the new agreement while maintaining compliance with the Fair Work Act.

Impact Admin Services Pty Ltd ATF Impact Admin Services Trust T/A Impact Homes

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established