DECISION

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

Plato Enterprises Pty Ltd T/A HMT Consulting
(AG2015/2489)

LIFESTYLE HEALTH CLUBS - ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 13 MAY 2015

Application for approval of the Lifestyle Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Lifestyle Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plato Enterprises Pty Ltd T/A HMT Consulting. The agreement is a multi-enterprise agreement.

[2] The Employers that are covered by this Agreement are attached to this Decision as Appendix A.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Plato Enterprises Pty Ltd, trading as HMT Consulting, applied to the Fair Work Commission for approval of the Lifestyle Enterprise Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing certain employees. The disagreement centred on the terms of the proposed agreement, particularly those related to employee entitlements and conditions of employment.

The legal issues before the Commission included whether the agreement met the statutory requirements under the Fair Work Act 2009, such as whether it provided for fair and reasonable terms and conditions, and whether it complied with the "better off overall test." Additionally, the court had to consider if the agreement appropriately balanced the interests of the employees and the employer.

In delivering its decision, the Fair Work Commission found that the proposed agreement did indeed meet the statutory requirements. The Commission determined that the agreement provided for fair and reasonable terms and conditions, and that employees would be better off overall with the new agreement compared to their previous conditions. The Commission also considered the evidence presented by both parties and concluded that the agreement appropriately balanced the interests of the employees and the employer.

Consequently, the Commission approved the Lifestyle Enterprise Agreement 2015. The agreement was set to commence on the date of the decision, and the application for approval was granted. The CFMEU's opposition to the application was dismissed.

Plato Enterprises Pty Ltd T/A HMT Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established