Solutions People (Aust) Pty Limited

[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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CaseChat Overview and Summary

Solutions People (Aust) Pty Limited sought approval of an enterprise agreement under the Fair Work Act 2009. The applicant, an employer, had negotiated the agreement with a union representing its employees. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the necessary legal criteria for approval. The primary concern was whether the agreement complied with the procedural and substantive requirements outlined in the Act, particularly in relation to the process of negotiation and the contents of the agreement.

The key legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the relevant provisions of the Act regarding procedural fairness, and whether it contained mandatory terms as required. The Commission also had to assess whether the agreement provided for appropriate dispute resolution mechanisms and whether it addressed key employment terms in a manner consistent with the principles of the Act.

The Fair Work Commission found that the agreement had been genuinely negotiated and that all necessary procedural requirements were met. It noted that both parties had engaged in good faith negotiations and that the union had represented a majority of the employees. The Commission also determined that the agreement contained all mandatory terms as required by the Act and that it provided for appropriate dispute resolution mechanisms. The contents of the agreement were deemed to be consistent with the principles of the Act, including provisions on wages, hours of work, and other conditions of employment.

Consequently, the Commission approved the Solutions People (Aust) Pty Limited (NSW) Enterprise Agreement 2024. The decision was based on the finding that the agreement met all legal criteria for approval under the Fair Work Act 2009. The approval means that the terms and conditions set out in the agreement will apply to the employees represented by the union, effective from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established