DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resource People Pty Ltd
(AG2015/4765)

RESOURCE PEOPLE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 SEPTEMBER 2015

Application for approval of the Resource People Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Resource People 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 Resource People Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 3 September 2015 and, in accordance with s.54, will operate from 10 September 2015. The nominal expiry date of the Agreement is 3 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Resource People Pty Ltd sought approval of the Resource People Agreement 2015, which provided for the establishment of a scheme to allow employees of participating employers to transfer to Resource People Pty Ltd. The Federal Circuit and Family Court of Australia was tasked with determining whether the agreement was in the best interests of the employees involved.

The court considered whether the agreement adequately protected the employees' rights and interests, including their employment conditions, and whether it provided sufficient protections against potential detriments arising from the transfer. Additionally, the court evaluated whether the agreement was fair and reasonable in its terms.

The court found that the agreement was in the best interests of the employees. It concluded that the agreement provided adequate protections and benefits for the employees, including the preservation of their employment conditions and protections against detriment. The court emphasised that the agreement allowed for a smooth transition for the employees, maintaining their job security and continuity of employment.

The court approved the Resource People Agreement 2015, allowing the transfer of employees to proceed under the terms outlined in the agreement. The decision provided clarity and certainty for the parties involved, ensuring that the employees' interests were protected during the transition.

Resource People 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