SPARQ Solutions Pty Ltd Summary

[2016] FWCA 563

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SPARQ Solutions Pty Ltd

(AG2015/7657)

SPARQ SOLUTIONS ENTERPRISE UNION AGREEMENT 2016

Electrical power industry

COMMISSIONER ROE

MELBOURNE, 29 JANUARY 2016

Application for approval of the SPARQ Solutions Enterprise Union Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

SPARQ Solutions Enterprise Union Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPARQ

Solutions 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Association of Professional Engineers, Scientists and Managers, Australia, the

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied

Services Union of Australia and the Australian Municipal, Administrative, Clerical and

Services Union being bargaining representatives for the Agreement, have given notice under

s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I

note that the Agreement covers these organisations.
[2016] FWCA 563

[5] The Agreement was approved on 29 January 2016 and, in accordance with s.54, will

operate from 5 February 2016. The nominal expiry date of the Agreement is 29 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the case of SPARQ Solutions Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement known as the SPARQ Solutions Enterprise Union Agreement 2016. The application for approval was made under section 185 of the Fair Work Act 2009. The agreement in question is a single enterprise agreement, and the applicant, SPARQ Solutions Pty Ltd, sought to have it approved by the Commission. The Association of Professional Engineers, Scientists and Managers, Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the Australian Municipal, Administrative, Clerical and Services Union were the bargaining representatives for the agreement. These unions provided notice under section 183 of the Fair Work Act that they wanted the agreement to cover them.

The legal issues that the Commission had to decide included whether the agreement met the requirements of sections 186, 187, and 188 of the Fair Work Act, as relevant to this application for approval. The Commission also had to determine whether the model consultation term prescribed by the Fair Work Regulations 2009 was a term of the agreement. Furthermore, the Commission had to decide if the agreement would cover the unions that had provided notice under section 183 of the Act. After considering the evidence and submissions presented, the Commission found that all the requirements of the Fair Work Act had been met, and that the agreement would cover the unions that had provided notice.

The Fair Work Commission approved the SPARQ Solutions Enterprise Union Agreement 2016, finding that it met all the requirements of the Fair Work Act. The agreement was approved on 29 January 2016 and will operate from 5 February 2016. The nominal expiry date of the agreement is 29 January 2019. The Commission noted that the model consultation term prescribed by the Fair Work Regulations 2009 was a term of the agreement, and that the agreement would cover the unions that had provided notice under section 183 of the Fair Work Act.

SPARQ Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established