Specialised Solutions Pty Ltd Summary

[2025] FWCA 2611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Specialised Solutions Pty Ltd

(AG2025/1769)

SPECIALISED SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
COMMISSIONER THORNTON	ADELAIDE, 5 AUGUST 2025

Application for approval of the Specialised Solutions Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Specialised Solutions Pty Ltd Enterprise Agreement 2025 (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 Applicant). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘Specialised Solutions Pty Ltd Enterprise Agreement 2016’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The Agreement does not contain a consultation term that meets the requirements of the Act. Pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the 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.

I observe that clauses 20.1 regarding annual leave, 22.2 regarding compassionate leave and 27.3 regarding withholding monies on termination may be inconsistent with the National Employment Standards (NES). However, noting the undertakings provided and clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act from 12 August 2025. The nominal expiry date of the Agreement is 5 August 2029.

COMMISSIONER

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ANNEXURE A

The applicant, Specialised Solutions Pty Ltd, applied to the Fair Work Commission for approval of the proposed Specialised Solutions Pty Ltd Enterprise Agreement 2025. The respondent, the Finance Sector Union of Australia, did not oppose the application. The primary issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for being a lawful, valid, and effective enterprise agreement.

The Commission examined the proposed agreement against the statutory criteria set out in the Fair Work Act. The agreement was scrutinised to ensure it complied with the procedural fairness requirements, including whether it was negotiated in good faith and whether the appropriate process was followed. The Commission also assessed whether the agreement contained the necessary minimum terms and conditions of employment and whether it complied with the provisions regarding the right to be free from adverse action. Given the absence of opposition and the satisfactory content of the agreement, the Commission concluded that the agreement met all the necessary legal requirements.

As a result, the Commission approved the Specialised Solutions Pty Ltd Enterprise Agreement 2025, confirming that it was a lawful, valid, and effective enterprise agreement. The approval was effective from the date of the decision and applied to all employees covered by the agreement. The Commission's decision highlighted the importance of ensuring that enterprise agreements comply with the statutory framework to maintain industrial peace and fairness in the workplace.

Specialised 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