DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Resourcing Solutions Pty Ltd
(AG2019/2290)

RESOURCING SOLUTIONS WORKPLACE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 24 JULY 2019

Application for approval of the Resourcing Solutions Workplace Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Resourcing Solutions Workplace Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Resourcing Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2019. The nominal expiry date of the Agreement is 23 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission was an application by Resourcing Solutions Pty Ltd for approval of the Resourcing Solutions Workplace Agreement 2019. The applicant, Resourcing Solutions, is an employer engaged in the staffing and recruitment industry, and the application sought the Commission's approval of the proposed workplace agreement, which outlined terms and conditions of employment for its employees.

The legal issues before the Commission included whether the proposed workplace agreement met the requirements of the Fair Work Act 2009, specifically whether it satisfied the "better off overall test" and whether it complied with the "no disadvantage test". The Commission needed to determine if the agreement was likely to provide employees with a better overall package of terms and conditions compared to the applicable award, and if it did not disadvantage employees in relation to their entitlements under the award.

The Commission examined the evidence provided by both parties and assessed the proposed workplace agreement against the statutory requirements. It concluded that the proposed agreement did indeed satisfy the "better off overall test" and the "no disadvantage test". The Commission found that the agreement provided employees with improved terms and conditions of employment, including increased wages, leave entitlements, and other benefits, compared to the relevant award. The Commission was satisfied that the agreement did not disadvantage employees and that it complied with the requirements of the Fair Work Act 2009.

The Commission approved the Resourcing Solutions Workplace Agreement 2019, and the application was successful. The approved agreement became a registered agreement under the Fair Work Act 2009, and the terms and conditions outlined in the agreement applied to the employees of Resourcing Solutions Pty Ltd.

Resourcing Solutions 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