DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialised Solutions Pty Ltd
(AG2016/5207)

SPECIALIST SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 21 OCTOBER 2016

Application for approval of the Specialised Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Specialised Solutions Pty Ltd Enterprise 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 Specialised Solutions Pty Ltd. 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 20 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Specialised Solutions Pty Ltd applied to the Fair Work Commission for approval of their 2016 Enterprise Agreement. The applicants sought to have the agreement approved under section 231 of the Fair Work Act 2009, claiming it met the "better off overall test". The respondents, representing certain employees, argued the agreement did not meet this test and raised various other objections.

The legal issues before the Commission were whether the agreement provided employees with a safety net of minimum wages and conditions, whether it offered a reasonable set of terms and conditions, and whether it met the "better off overall test" by providing employees with a package of terms and conditions that was no worse than what they would receive under the relevant award or safety net provisions. The Commission also considered the procedural fairness of the agreement, including whether there was genuine consultation between the parties.

The Commission found that the agreement did meet the safety net requirements and provided a reasonable set of terms and conditions. The "better off overall test" was met as the majority of employees would receive a better overall package of terms and conditions than they would under the relevant award or safety net provisions. The Commission also found that there was genuine consultation between the parties and that the agreement was procedurally fair. Accordingly, the Commission approved the agreement under section 231 of the Fair Work Act.

The Fair Work Commission approved the Specialised Solutions Pty Ltd Enterprise Agreement 2016 under section 231 of the Fair Work Act 2009. The agreement is now legally binding on the parties and will apply to the employees covered by it.

Specialised Solutions 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