DECISION

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

MAX Solutions Pty Ltd T/A MAX Solutions
(AG2020/3433)

MAX SOLUTIONS ENTERPRISE AGREEMENT 2020

Clerical industry
COMMISSIONER HUNT	BRISBANE, 15 DECEMBER 2020

Application for approval of the MAX Solutions Enterprise Agreement 2020.

[1] MAX Solutions Pty Ltd T/A MAX Solutions (the Employer) has applied for approval of an enterprise agreement known as the MAX Solutions Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Municipal, Administrative, Clerical and Services Union (the ASU), and the Independent Education Union of Australia-Queensland and Northern Territory Branch (the IEUA) being union bargaining representatives for the Agreement regarding the undertakings.

[3] The ASU and the IEUA both wrote to my Chambers confirming each of the unions supports the undertakings filed.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The ASU and the IEUA being a bargaining representatives for the Agreement have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ASU and the IEUA.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

‘

CaseChat Overview and Summary

The matter before the court involved MAX Solutions Pty Ltd, trading as MAX Solutions, who applied for the approval of the MAX Solutions Enterprise Agreement 2020. The application was brought under the Fair Work Act 2009, with the proceedings heard by the Fair Work Commission. The central dispute revolved around whether the proposed agreement complied with the statutory requirements for enterprise agreements and whether it appropriately balanced the interests of the employees and the employer.

The court was required to determine if the agreement was in the best interests of the employees, considering their overall benefits and detriments. Additionally, the court needed to assess whether the agreement met the good faith bargaining requirements and whether the agreement had been genuinely negotiated between the parties. The court also needed to consider whether the agreement adequately provided for the resolution of future workplace disputes.

The Fair Work Commission found that the agreement met the statutory requirements and was in the best interests of the employees. The court held that the agreement was the product of genuine and good faith negotiations, adequately balancing the interests of both parties. The commission was satisfied that the agreement provided for the fair and effective resolution of future workplace disputes. Consequently, the court approved the MAX Solutions Enterprise Agreement 2020, affirming its compliance with the legislative standards.

MAX Solutions Pty Ltd T/A MAX Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established