Klh Australia Pty Ltd T/A Technical Talent Solutions

[2023] FWCA 3057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Klh Australia Pty Ltd T/A Technical Talent Solutions

(AG2023/3182)

TECHNICAL TALENT SOLUTIONS ENTERPRISE AGREEMENT 2023

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 SEPTEMBER 2023

Application for approval of the Technical Talent Solutions Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Technical Talent Solutions Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 29 August 2023.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 September 2023. The nominal expiry date of the Agreement is 19 September 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Klh Australia Pty Ltd, trading as Technical Talent Solutions, and a union representing their employees. The dispute was brought before the Fair Work Commission, Australia's industrial relations tribunal. The union sought approval for the Technical Talent Solutions Enterprise Agreement 2023, which it had negotiated with the company. The agreement aimed to govern the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it met the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The Commission also needed to consider whether the agreement contained all the mandated terms and conditions and whether it was fairly negotiated.

The Commission found that the Technical Talent Solutions Enterprise Agreement 2023 was compliant with the Fair Work Act and met the better off overall test. The agreement was deemed to fairly reflect the bargaining positions of the parties, and it included all the required terms and conditions. The Commission concluded that the agreement was appropriately negotiated and that employees would be better off overall. As a result, the Commission approved the agreement, subject to the terms and conditions set out in the decision.

The final orders of the Commission included the approval of the Technical Talent Solutions Enterprise Agreement 2023, with specific provisions regarding the minimum rates of pay, leave entitlements, and other conditions of employment. The agreement was to be registered with the Fair Work Commission and would be in effect for the period specified in the agreement. The Commission also noted that any disputes arising from the agreement would be dealt with in accordance with the procedures set out in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established