Solutions People (Aust) Pty Limited T/A Solutions People (Aust) Pty Limited

[2024] FWCA 4116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Solutions People (Aust) Pty Limited T/A Solutions People (Aust) Pty Limited

(AG2024/4095)

SOLUTIONS PEOPLE (AUST) PTY LIMITED (VIC) ENTERPRISE AGREEMENT 2024

Gardening services
DEPUTY PRESIDENT BOYCE	SYDNEY, 27 NOVEMBER 2024

Application for approval of the Solutions People (Aust) Pty Limited (VIC) Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Solutions People (Aust) Pty Limited (VIC) Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Solutions People (Aust) Pty Limited T/A Solutions People (Aust) Pty Limited (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 22 November 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 Gardening and Landscaping Services Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The Australian Workers’ Union (AWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

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.

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

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 December 2024. The nominal expiry date of the Agreement is 27 November 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Solutions People (Aust) Pty Limited, trading as Solutions People (Aust) Pty Limited, applied to the Fair Work Commission for approval of their Enterprise Agreement 2024. The application involved the standard procedural requirements for the approval of an enterprise agreement under the Fair Work Act 2009. The legal issues the court had to determine included whether the agreement was made in good faith, whether it was properly negotiated, and whether it met all the requirements for approval under the Fair Work Act.

The court examined the negotiation process and the content of the agreement to ensure it complied with the relevant provisions of the Fair Work Act. It considered whether the agreement contained the mandatory terms, and whether it was free from any prohibited content. The court also assessed whether the agreement was made in good faith and whether the parties had genuinely negotiated the terms. The primary focus was on verifying the agreement's compliance with the statutory requirements for enterprise agreements.

After a detailed examination, the court found that the Enterprise Agreement 2024 met all the necessary criteria for approval. The agreement was deemed to be fairly negotiated, free from prohibited content, and contained all the mandatory terms required by the Fair Work Act. The court was satisfied that the application for approval had been properly made and that the agreement was in compliance with the relevant legislation. Therefore, the court approved the enterprise agreement.

The court's decision resulted in the formal approval of the Solutions People (Aust) Pty Limited Enterprise Agreement 2024, effective from the date of the decision. This approval signified that the agreement was now legally binding between the employer and the employees, and could be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established