DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solofin Pty Ltd
(AG2018/5288)

SOLOFIN PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 20 FEBRUARY 2019

Application for approval of the Solofin Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Solofin Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solofin 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] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2019. The nominal expiry date of the Agreement is 26 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Solofin Pty Ltd applied to the Fair Work Commission for approval of the Solofin Pty Ltd Enterprise Agreement 2018, which would affect its employees. The Australian Manufacturing Workers' Union opposed the application, arguing that the agreement did not meet the statutory requirements for employee protection and that the process for its negotiation and adoption was flawed. The Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and whether the proper process was followed in its negotiation and adoption.

The central legal issues before the Commission were whether the agreement contained all the mandatory terms required by the Fair Work Act and whether the agreement was genuinely negotiated and adopted in accordance with the Act. The Commission had to assess the content of the agreement to ensure it met all statutory requirements, including provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission needed to examine the process by which the agreement was negotiated and agreed upon to confirm it was conducted fairly and in good faith.

The Commission found that the agreement contained all the necessary mandatory terms and that the process for its negotiation and adoption was valid. The agreement was comprehensive, covering all required areas such as wages, leave, and dispute resolution. Furthermore, evidence showed that the negotiation process was conducted in good faith and that the employees had genuinely agreed to the terms. Consequently, the Commission approved the application for the agreement's registration.

The Fair Work Commission approved the Solofin Pty Ltd Enterprise Agreement 2018, confirming its compliance with the Fair Work Act 2009 and the proper process for negotiation and adoption. The agreement was registered, and it became a legally binding contract between Solofin Pty Ltd and its employees.

Solofin 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