DECISION

Fair Work Act 2009
s.185—Enterprise agreement

NL Consulting Services Pty Ltd T/A Workplace Solutions
(AG2017/772)

ON HIRE ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 APRIL 2017

Application for approval of the On Hire Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the On Hire Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by NL Consulting Services Pty Ltd T/As Workplace Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2017. The nominal expiry date of the Agreement is 1 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court was brought by NL Consulting Services Pty Ltd, trading as Workplace Solutions, which applied for the approval of the On Hire Enterprise Agreement 2016-2020. The application was made in the Fair Work Commission, an Australian federal statutory body with jurisdiction to hear and determine matters concerning employment and workplace relations. The dispute centred on the terms and conditions of employment of workers hired by NL Consulting Services to provide staffing services to its clients.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009, including the coverage, certification, and public benefit tests. The Commission had to consider whether the agreement appropriately covered the relevant employees, was certified by a relevant independent certifier, and whether it met the public benefit test by not prejudicing the system of conciliation and arbitration.

The Fair Work Commission found that the On Hire Enterprise Agreement 2016-2020 met all the statutory requirements for approval. The agreement appropriately covered the relevant employees, who were engaged under on-hire agreements to provide staffing services. The Commission also found that the agreement had been certified by a relevant independent certifier, fulfilling the certification requirement. Furthermore, the Commission determined that the agreement met the public benefit test, as it did not prejudice the system of conciliation and arbitration and provided for fair and reasonable terms and conditions for the employees.

As a result, the Fair Work Commission approved the On Hire Enterprise Agreement 2016-2020, effective from the date of the decision. This decision ensures that the proposed terms and conditions of employment for the workers hired by NL Consulting Services are legally binding and enforceable.

NL Consulting Services Pty Ltd T/A Workplace Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established