Pentana Soutions Pty Ltd Summary

[2024] FWCA 2714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pentana Soutions Pty Ltd

(AG2024/2183)

PENTANA SOLUTIONS ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 23 JULY 2024

Application for approval of the Pentana Solutions Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Pentana Solutions Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 30 July 2024. The nominal expiry date of the Agreement is 22 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Pentana Solutions Pty Ltd was the applicant seeking approval of the Pentana Solutions Enterprise Agreement 2024. The matter was heard in the Fair Work Commission, where the applicant sought to have the proposed agreement approved and registered as a registered agreement under the Fair Work Act 2009. The dispute centered around the terms and conditions proposed in the agreement, and whether they complied with the relevant legislative framework.

The primary legal issues before the Commission were whether the proposed agreement provided for a safety net of minimum wages and conditions, and whether it had been made in good faith and without coercion. The Commission was required to consider whether the agreement provided for a fair and equitable set of terms and conditions for the employees, and whether it complied with the requirements of the Fair Work Act.

The Commission found that the proposed agreement provided for a safety net of minimum wages and conditions, and was made in good faith and without coercion. The Commission noted that the agreement contained provisions for fair and reasonable terms and conditions, including provisions for overtime and penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement had been negotiated in good faith, and that there was no evidence of coercion or undue influence. As a result, the Commission approved the proposed agreement and registered it as a registered agreement under the Fair Work Act.

The Commission ordered that the Pentana Solutions Enterprise Agreement 2024 be approved and registered as a registered agreement under the Fair Work Act. The agreement is now legally binding on all employees covered by the agreement, and provides a framework for the terms and conditions of employment for those employees.

Pentana Soutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established