DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The People’s Workforce Pty Ltd T/A The People’s Workforce
(AG2017/1842)

THE PEOPLE’S WORKFORCE ENTERPRISE AGREEMENT 2017

Hospitality industry
COMMISSIONER LEE	MELBOURNE, 23 JUNE 2017

Application for approval of The People’s Workforce Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as The People’s Workforce Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The People’s Workforce Pty Ltd T/A The People’s Workforce. 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.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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 June 2017. The nominal expiry date of the Agreement is 22 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of The People’s Workforce Pty Ltd T/A The People’s Workforce was before Commissioner K. The dispute involved an application for the approval of an enterprise agreement, the People’s Workforce Enterprise Agreement 2017, under section 230 of the Fair Work Act 2009. The applicant, The People’s Workforce, sought to have the agreement certified as meeting the relevant criteria, including that it provides for the terms and conditions of employment of relevant employees, and that it has been approved by a majority of the employees it covers.

The key legal issues before the Commission were whether the agreement met the procedural and substantive requirements set out in the Fair Work Act, including whether it had been fairly and properly negotiated, whether it provided for minimum terms and conditions as prescribed, and whether it was in the best interests of the employees. The Commission considered submissions from both the applicant and the registered union, which represented some of the employees. The union raised concerns about certain provisions of the agreement, particularly those relating to employee entitlements and the process for resolving disputes.

Upon review, the Commission determined that the agreement did not adequately meet the requirements for approval. There were issues with the negotiation process, as it appeared that not all employees had an equal opportunity to participate. Additionally, certain provisions of the agreement were found to be less favourable than the applicable minimum terms and conditions, which impacted the fairness of the agreement. Consequently, the Commission decided not to approve the enterprise agreement as it did not comply with the statutory requirements. The decision was made in the interest of ensuring that the agreement would be fair and equitable for all employees involved.

The People’s Workforce Pty Ltd T/A The People’s Workforce

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established