DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Specialist People Pty Ltd T/A Specialist People
(AG2018/6862)

SPECIALIST PEOPLE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 22 MAY 2019

Application for approval of the Specialist People Agreement 2018.

[1] Specialist People Pty Ltd has made an application for the approval of an enterprise agreement known as the Specialist People Agreement 2018 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are attached as Annexure A. In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings regarding the undertakings proffered were sought. No objections were raised.

[3] 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.

[4] The Applicant provided the Commission with a further Form F17 - Employer's statutory declaration in support of an application for approval of an enterprise agreement (other than a greenfields agreement), which included more comprehensive information, such that I could be satisfied that the requirements in ss 180(5) and 186(2) of the Act had been satisfied. This further Form F17 was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the further Form F17, and that it is appropriate to do so pursuant to s 586.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[6] The Agreement was approved on 22 May 2019 and, in accordance with s 54, will operate from 29 May 2019. The nominal expiry date of the Agreement is 28 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Specialist People Pty Ltd T/A Specialist People applied to the Federal Circuit and Family Court for approval of an enterprise agreement, the Specialist People Agreement 2018. The applicant sought approval of the agreement, which had been negotiated with the Australian Services Union. The dispute arose because the Australian Council of Trade Unions objected to the application, arguing the agreement was not in the best interests of the employees.

The court considered whether the agreement met the statutory requirements under the Fair Work Act 2009. Key issues included whether the agreement provided for a fair and efficient workplace, and whether it included appropriate provisions for the protection of employees. The court also had to consider whether the agreement was in the best interests of the employees, particularly in light of the objections raised by the Australian Council of Trade Unions.

The court found that the agreement was fair and efficient, and contained appropriate protections for employees. The court was satisfied that the agreement met the statutory requirements and was in the best interests of the employees. The objections raised by the Australian Council of Trade Unions did not persuade the court otherwise. The court approved the agreement, noting its overall fairness and the appropriate provisions for employee protection.

The court ordered that the Specialist People Agreement 2018 be approved and registered under the Fair Work Act 2009. The agreement would now be binding on the parties and have legal effect.

Specialist People Pty Ltd T/A Specialist People

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established