Minstaff Survey Pty Ltd T/A Minstaff Survey Pty Ltd

[2018] FWCA 7523

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Minstaff Survey Pty Ltd T/A Minstaff Survey Pty Ltd

(AG2018/2471)

Minstaff Survey Employee Enterprise Agreement 2018

Technical services
Deputy President Masson	MELBOURNE, 12 DECEMBER 2018

Application for approval of the Minstaff Survey Employee Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Minstaff Survey Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Minstaff Survey Pty Ltd T/A Minstaff Survey Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2018. The nominal expiry date of the Agreement is 11 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Minstaff Survey Pty Ltd T/A Minstaff Survey Pty Ltd was involved in an application for the approval of the Minstaff Survey Employee Enterprise Agreement 2018. The applicant sought to have the agreement recognised and applied to the employees, with certain conditions. The application came before the Commission to determine whether the agreement met the legal requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act, whether the agreement covered the necessary minimum terms and conditions, and whether the agreement was genuinely negotiated between the parties. The Commission also needed to consider whether the agreement complied with the public interest test and whether it was in the best interests of the employees.

After reviewing the evidence and submissions presented, the Commission found that the Minstaff Survey Employee Enterprise Agreement 2018 was made in accordance with the procedural requirements, as both parties had complied with the necessary steps. The agreement was deemed to cover the minimum terms and conditions as required by the Act, and the Commission was satisfied that the agreement was genuinely negotiated between the parties. The Commission also determined that the agreement complied with the public interest test and was in the best interests of the employees. As a result, the application for approval of the agreement was successful.

The Fair Work Commission approved the Minstaff Survey Employee Enterprise Agreement 2018, which would now apply to the employees covered by the agreement. The Commission's decision was based on the evidence and submissions presented, and the determination that the agreement met all the legal requirements under the Fair Work Act 2009. The approved agreement would govern the terms and conditions of employment for the employees of Minstaff Survey Pty Ltd T/A Minstaff Survey Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established