Solutions People (Aust) Pty Limited
[2024] FWCA 3647
•21 OCTOBER 2024
| [2024] FWCA 3647 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Solutions People (Aust) Pty Limited
(AG2024/3534)
SOLUTIONS PEOPLE (AUST) PTY LIMITED (NSW) ENTERPRISE AGREEMENT 2024
| Gardening services | |
| COMMISSIONER CRAWFORD | SYDNEY, 21 OCTOBER 2024 |
Application for approval of the Solutions People (Aust) Pty Limited (NSW) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Solutions People (Aust) Pty Limited (NSW) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Solutions People (Aust) Pty Limited (Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 3.4.5 and 3.4.6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Australian Workers’ Union (AWU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the AWU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 21 October 2028.
COMMISSIONER
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