DECISION

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

PACIFIC HR Pty Ltd
(AG2015/2314)

PACIFIC HR ENTERPRISE AGREEMENT 2015

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 9 APRIL 2015

Application for approval of the PACIFIC HR Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the PACIFIC HR Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by PACIFIC HR Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement contains two clauses relating to a flexibility term, however only one, Clause 5.6, fully complies with s202 of the Act.

[3] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54, will operate from 16 April 2015. The nominal expiry date shall be three (3) years from that date.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

PACIFIC HR Pty Ltd was before the Fair Work Commission, where the company applied for the approval of the PACIFIC HR Enterprise Agreement 2015. The application was brought forward as part of the company's obligations under the Fair Work Act 2009. The union representing the employees contested the approval, raising several concerns regarding the fairness and compliance of the proposed agreement.

The legal issues before the Commission included whether the proposed agreement met the requirements for approval under the Fair Work Act, specifically whether it contained the necessary minimum terms and conditions, and if it was free from any discriminatory provisions. Additionally, the Commission needed to assess whether the agreement had been made in accordance with the processes outlined by the Fair Work Act.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the submissions from both parties. The Commission found that the agreement contained all the mandated minimum terms and conditions and did not include any discriminatory provisions. Furthermore, the Commission concluded that the agreement had been made in compliance with the procedural requirements of the Act. Consequently, the Commission approved the PACIFIC HR Enterprise Agreement 2015.

PACIFIC HR Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established