Robert Davidson T/A Da

[2024] FWCA 2863

[2024] FWCA 2863

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Robert Davidson T/A Da

(AG2024/2582)

MAX SOLUTIONS ENTERPRISE AGREEMENT 2024

Industries not otherwise assigned
DEPUTY PRESIDENT BOYCE	SYDNEY, 6 AUGUST 2024

Application for approval of the MAX Solutions Enterprise Agreement 2024.

[1]       An application has been made for approval of an enterprise agreement to be known as the MAX Solutions Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Robert Davidson T/A Da on behalf of the Employer, Max Solutions Pty Ltd (Employer). The Agreement is a single enterprise agreement. 

Undertakings

[2]      The Employer has provided written undertakings dated 31 July 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Labour Market Assistance Industry Award 2020,  Clerks – Private Sector Award 2020, Educational Services (Post-Secondary Education Award) 2020, Health Professionals and Support Services Award 2020 and the Nurses Award 2020), and that the undertakings will not result in substantial changes to the Agreement. 

Coverage of employee organisation 

[3]      The Australian Municipal, Administrative, Clerical and Services Union; Australian Nursing and Midwifery Federation and the Independent Education Union of Australia, all being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations. 

Conclusion 

[4]      Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met. 

[5]      I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES. 

[6]      The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 30 June 2028. 

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE525683  PR777857>

Annexure A