Solutions People (Aust) Pty Limited Summary

[2025] FWCA 301

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Solutions People (Aust) Pty Limited

(AG2024/5310)

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

Gardening services
COMMISSIONER DURHAM	BRISBANE, 24 JANUARY 2025

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

An application has been made for approval of an enterprise agreement known as the Solutions People (Aust) Pty Limited (QLD) Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solutions People (Aust) Pty Limited (the 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 ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the National Employment Standards (NES) in the 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 Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the AWU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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CaseChat Overview and Summary

Solutions People (Aust) Pty Limited, an employer, and the Transport Workers Union of Australia, representing its employees, brought an application before the Fair Work Commission seeking approval of the Solutions People (Aust) Pty Limited (QLD) Enterprise Agreement 2024. The application was made under section 233 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement if it meets specific criteria, including being free from prohibited content and meeting the requirements for employee engagement. The union argued that the agreement was fair and reasonable, while Solutions People contended that the agreement did not meet the statutory requirements.

The central legal issue the court had to address was whether the enterprise agreement contained any prohibited content, and if it met the requirements for approval under the Fair Work Act. The court needed to determine if the agreement was genuinely negotiated and whether it provided for minimum terms and conditions of employment as required by the Act. Additionally, the court examined whether the process of employee engagement was sufficiently robust to warrant approval of the agreement.

In its decision, the Fair Work Commission found that the agreement did not contain any prohibited content and was genuinely negotiated. The court found that the minimum terms and conditions of employment were adequately provided for and that the process of employee engagement was satisfactory. The court concluded that the agreement met all the statutory requirements for approval and was fair and reasonable. Consequently, the court approved the Solutions People (Aust) Pty Limited (QLD) Enterprise Agreement 2024, marking the formal conclusion of the dispute.

Solutions People (Aust) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established