MAX Solutions Pty Ltd

[2014] FWCA 8448

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

MAX Solutions Pty Ltd
(AG2014/9932)

MAX SOLUTIONS HEALTH ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 27 NOVEMBER 2014

Application for approval of the MAX Solutions Health Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the MAX Solutions Health Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by MAX Solutions Pty Ltd. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

MAX Solutions Pty Ltd applied to the Fair Work Commission for approval of the MAX Solutions Health Enterprise Agreement 2014. The application was contested by the Health Services Union of Australia, who argued that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement contained adequate provisions for employee entitlements, particularly in relation to penalty rates and leave provisions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the specific requirements set out in the Fair Work Act. This involved assessing whether the agreement provided for adequate penalty rates, including for Sundays and public holidays, as well as sufficient provisions for leave, including annual leave and personal/carer's leave.

The Commission found that while the agreement contained provisions for penalty rates and leave, these provisions did not meet the requirements of the Fair Work Act. The Commission determined that the agreement did not provide for adequate penalty rates, particularly for Sunday work and public holidays. The Commission also found that the leave provisions did not comply with the Act, as they did not provide for sufficient annual leave entitlements and did not adequately address personal/carer's leave. The Commission concluded that the agreement did not meet the requirements for approval under the Fair Work Act.

Accordingly, the application for approval of the MAX Solutions Health Enterprise Agreement 2014 was dismissed. The Commission ordered that the agreement be returned to the parties for further negotiation and amendment. The parties were directed to work together to address the deficiencies identified by the Commission and to resubmit an amended agreement for approval once the issues had been resolved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established