DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sun Personnel Pty Ltd
(AG2020/2821)

SUN PERSONNEL ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 26 OCTOBER 2020

Application for approval of the Sun Personnel Enterprise Agreement 2020.

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

[2] The Employer 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. Pursuant to s.201(3), the undertakings are taken to be a term of 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] The Agreement was approved on 26 October 2020 and, in accordance with s.54, will operate from 2 November 2020. The nominal expiry date of the Agreement is 25 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Sun Personnel Pty Ltd, the Fair Work Commission was called upon to consider an application for the approval of the Sun Personnel Enterprise Agreement 2020. The applicant, Sun Personnel Pty Ltd, sought the Commission's approval of the agreement, which had been negotiated between the company and its employees. The nature of the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions of employment for the affected employees.

The legal issues before the Commission included whether the agreement met the criteria for approval under section 231 of the Fair Work Act, including whether it provided for the employees' pay and conditions, dealt with the employees' employment terms and conditions in a manner that was procedurally and substantively fair, and did not include any terms that would have an adverse financial impact on the employees. Additionally, the Commission considered whether the agreement provided for a proper balance between the parties' interests and whether it complied with the relevant provisions of the Act.

In delivering its decision, the Commission carefully reviewed the terms of the agreement and the submissions made by both parties. The Commission found that the agreement met the criteria for approval under the Fair Work Act, as it provided for the employees' pay and conditions, dealt with their employment terms and conditions in a fair manner, and did not include any terms that would have an adverse financial impact on the employees. The Commission also found that the agreement provided for a proper balance between the parties' interests and complied with the relevant provisions of the Act. As a result, the Commission approved the Sun Personnel Enterprise Agreement 2020, subject to certain minor modifications to ensure compliance with the Act. The final orders of the Commission included the approval of the agreement, with the modifications noted, and the setting aside of any previous enterprise agreements between the parties.

Sun Personnel 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