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

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Kipir Enterprises Pty Ltd trading as Simple Solutions Training and Consulting, applied for the approval of the 2021 Enterprise Agreement. The applicant sought to have the agreement certified as a low-average secretarial agreement by the Fair Work Commission. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the agreement was a genuine enterprise agreement, made in good faith, and whether it provided for fair and reasonable terms and conditions of employment.

The Commission examined the process by which the agreement was made, the extent of employee representation, and the fairness of the terms and conditions proposed. The applicant argued that the agreement was a genuine enterprise agreement made in good faith, with adequate employee representation and fair terms. The Commission found that the agreement was appropriately negotiated and contained terms that were fair and reasonable in all respects. The Commission also considered the impact of the agreement on employees and the broader workforce.

The Fair Work Commission approved the 2021 Enterprise Agreement, finding it to be a genuine agreement made in good faith with adequate employee representation. The Commission certified the agreement as a low-average secretarial agreement, recognising it as meeting the requirements under the Fair Work Act. The Commission's decision was based on the comprehensive evidence provided by the applicant, demonstrating the agreement's fairness and reasonableness in terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established