DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Solveco Pty Ltd T/A Solveco
(AG2016/7051)

SOLVECO PTY LTD ENTERPRISE AGREEMENT 2016-2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 31 JANUARY 2017

Application for approval of the Solveco Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Solveco Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Solveco Pty Ltd T/A Solveco. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 31 January 2017 and, in accordance with s.54, will operate from 7 February 2017. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Solveco Pty Ltd, trading as Solveco, applied to the Fair Work Commission for approval of their Enterprise Agreement 2016-2020. The applicants were represented by Counsel, while the respondents, represented by an authorised officer of the Department of Employment, did not appear or make submissions. The dispute centred on whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for registration and approval by the Fair Work Commission.

The primary legal issue was whether the enterprise agreement complied with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the mandatory minimum entitlements for employees. The agreement proposed various terms and conditions of employment, including wages, leave entitlements, and dispute resolution mechanisms. The Commission had to determine whether these provisions were consistent with the statutory requirements and did not unfairly disadvantage any party.

The Fair Work Commission found that the application for approval of the enterprise agreement met the necessary criteria under the Fair Work Act. The Commission concluded that the agreement provided for the mandatory minimum entitlements of employees and was not contrary to public policy. The proposed terms and conditions were considered to be in accordance with the requirements of the Act, and the agreement did not contain any provisions that would be unfair to employees. As a result, the Commission approved the enterprise agreement, allowing it to be registered and enforceable.

The Fair Work Commission approved the Solveco Pty Ltd Enterprise Agreement 2016-2020, allowing it to be registered and enforceable. This decision confirmed that the agreement met the necessary legal criteria and provided for the mandated minimum entitlements of employees. The approval of the agreement ensures that the terms and conditions of employment for the employees of Solveco are legally recognised and enforceable under the Fair Work Act.

Solveco Pty Ltd T/A Solveco

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established