DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Westvic Staffing Solutions T/A Westvic Staffing Solutions
(AG2017/2503)

WESTVIC STAFFING SOLUTIONS EMPLOYMENT AGREEMENT 2017-2021

Clerical industry
COMMISSIONER WILSON	MELBOURNE, 30 AUGUST 2017

Application for approval of the Westvic Staffing Solutions Employment Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Westvic Staffing Solutions Employment Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Westvic Staffing Solutions. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 September 2017. The nominal expiry date of the Agreement is 29 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Westvic Staffing Solutions, trading as Westvic Staffing Solutions, applied for approval of their Employment Agreement 2017-2021. The application was brought under the Fair Work Act 2009, seeking the Commission’s endorsement of the proposed agreement which outlined the terms and conditions of employment for the employees of Westvic Staffing Solutions. The Commission was tasked with determining whether the agreement met the criteria for approval, including whether it provided fair and reasonable terms for the employees involved.

The primary legal issues before the Commission were whether the agreement contained terms that were fair and reasonable for the employees, whether it complied with the statutory requirements set out in the Fair Work Act, and whether the agreement had been genuinely negotiated. The Commission needed to assess whether the agreement appropriately balanced the rights and obligations of both the employer and the employees, and if it provided a fair framework for resolving workplace issues.

The Fair Work Commission considered the provisions of the Fair Work Act and the principles of fairness and reasonableness in employment agreements. The Commission examined the specific terms of the proposed agreement, including wages, working hours, leave entitlements, and dispute resolution mechanisms. After careful consideration, the Commission determined that the agreement did provide fair and reasonable terms for the employees. It was found to be genuinely negotiated, compliant with the statutory requirements, and balanced the interests of both parties. The Commission approved the agreement, recognising it as a fair and reasonable framework for the employment relationship between Westvic Staffing Solutions and its employees.

The Fair Work Commission granted approval of the Employment Agreement 2017-2021, effective from the date of the decision. The approval confirmed the agreement as a legally binding document that would govern the terms and conditions of employment for the employees of Westvic Staffing Solutions. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement met the necessary standards for fairness and reasonableness.

Westvic Staffing Solutions T/A Westvic Staffing Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established