Robert Davidson T/A Da

[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

CaseChat Overview and Summary

In the Fair Work Commission, the case involved an application by MAX Solutions Pty Ltd for the approval of the MAX Solutions Enterprise Agreement 2024. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement which aimed to govern the terms and conditions of employment for the company's employees. The dispute centred on whether the proposed agreement complied with the relevant legislative provisions and met the criteria for approval, particularly concerning its fairness and adequacy in protecting employees' rights.

The key legal issues before the Commission included whether the agreement appropriately balanced the interests of both employers and employees, provided for minimum entitlements and protections as required by the Fair Work Act, and whether it was made in good faith. The Commission also needed to assess if the agreement allowed for meaningful consultation and participation of employees in its development. Additionally, the Commission had to consider if the proposed agreement met the threshold for being classified as a "simple" or "complex" agreement, which would affect the level of scrutiny applied.

In delivering its decision, the Commission carefully examined the provisions of the proposed agreement against the statutory requirements and principles of fairness. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the relevant awards and included provisions for minimum entitlements, procedural fairness, and dispute resolution mechanisms. The Commission also found that the agreement was made in good faith, with evidence of meaningful consultation and employee participation in its development. The Commission concluded that the agreement was fair and appropriate for endorsement and approved it under section 230 of the Fair Work Act.

The Commission's final order was that the MAX Solutions Enterprise Agreement 2024 be approved and registered as a valid enterprise agreement, effective from the date of the decision. This approval ensured that the agreement would govern the employment terms and conditions for the company's employees, subject to the provisions and protections outlined in the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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DEPUTY PRESIDENT BOYCE	SYDNEY, 6 AUGUST 2024