MinStaff Survey Pty Ltd Summary

[2023] FWCA 305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MinStaff Survey Pty Ltd

(AG2022/5445)

MINSTAFF SURVEY EMPLOYEE ENTERPRISE AGREEMENT 2022

Technical services
DEPUTY PRESIDENT MASSON	MELBOURNE, 31 JANUARY 2023

Application for approval of the Minstaff Survey Employee Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Minstaff Survey Employee Enterprise Agreement 2022 (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. 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. The undertakings are taken to be a term of 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.

I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5(a) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2023. The nominal expiry date of the Agreement is 30 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

MinStaff Survey Pty Ltd applied for approval of the Minstaff Survey Employee Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The legal issues that the Commission had to decide were whether the agreement was in accordance with the relevant legislative provisions and if it provided for fair and reasonable terms and conditions of employment.

The Commission examined the agreement in detail and found that it satisfied the criteria set out in the Act. The agreement provided for a fair and reasonable rate of pay, along with other terms and conditions of employment that were consistent with the principles of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith between the employer and the employees, and that it provided for appropriate mechanisms for resolving any disputes that might arise. As a result, the Commission approved the agreement, finding that it met the requirements of the Act.

The Fair Work Commission approved the Minstaff Survey Employee Enterprise Agreement 2022, finding that it provided for fair and reasonable terms and conditions of employment and was consistent with the principles of the Fair Work Act. The approval of the agreement ensures that the employees of MinStaff Survey Pty Ltd will benefit from a fair and reasonable rate of pay, along with other terms and conditions of employment that are consistent with the principles of the Act. The approval of the agreement also provides certainty and stability for both the employer and the employees, as it sets out the terms and conditions of employment for the period of the agreement.

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