Kipir Enterprises Pty Ltd t/a Simple Solutions Training and Consulting

[2021] FWCA 7193

[2021] FWCA 7193

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kipir Enterprises Pty Ltd t/a Simple Solutions Training and Consulting
(AG2021/8339)

KIPIR ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 20 DECEMBER 2021

Application for approval of the KIPIR Enterprises Pty Ltd Enterprise Agreement 2021.

[1] Kipir Enterprises Pty Ltd has applied for approval of a single enterprise agreement known as the KIPIR Enterprises Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement passes the “better off overall” test. Further information was provided and a written undertaking was given in accordance with s.190 of the Act (attached at Annexure A (Undertaking)). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[3] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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 was approved on 20 December 2021 and, in accordance with s.54, will operate from 27 December 2021. The nominal expiry date of the Agreement is 20 December 2025.

DEPUTY PRESIDENT

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Annexure A