DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solutions People (Aust) Pty Ltd
(AG2015/1435)

SOLUTIONS PEOPLE (AUST) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Gardening services
COMMISSIONER GREGORY	MELBOURNE, 16 JULY 2015

Application for approval of the Solutions People (Aust) Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Solutions People (Aust) Pty Ltd Enterprise Agreement 2015 - 2019 (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 Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 15 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Solutions People (Aust) Pty Ltd, the employer, applied for approval of an enterprise agreement with its employees, represented by the Australian Services Union. The dispute arose in the Fair Work Commission, which was asked to determine if the agreement met the legal requirements for approval. The central issue was whether the agreement complied with the Fair Work Act 2009, particularly in terms of procedural fairness, and if it contained all the necessary minimum terms and conditions.

The court examined the process by which the agreement was negotiated and whether it adhered to the procedural fairness requirements set out in the Fair Work Act. It also assessed whether the agreement covered all the mandated minimum terms and conditions, ensuring that the employees' rights and protections were adequately preserved. The court further considered if the agreement was free from any provisions that could undermine the protections afforded by the Fair Work Act.

After thorough examination, the Fair Work Commission found that the agreement was duly negotiated and met the statutory requirements. The court was satisfied that the process was fair and that all necessary minimum terms and conditions were included in the agreement. Consequently, the Commission approved the enterprise agreement. The approval ensures that the terms of employment for the employees are legally binding and enforceable, while also safeguarding their rights and protections under the Fair Work Act.

Solutions People (Aust) 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