DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

WorkPac Pty Ltd
(AG2014/10669)

WORKPAC PTY LTD CLERICAL AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 23 DECEMBER 2014

Application for approval of the WorkPac Pty Ltd Clerical Agreement 2014.

[1] An application has been made for approval of an enterprise agreement WorkPac Pty Ltd Clerical Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by WorkPac Pty Ltd. The agreement is a single-enterprise agreement.

[2] WorkPac Pty Ltd has provided a signed written undertaking in relation to the continuity of service clause in the Agreement. I am satisfied the undertaking meets any concerns which I had about the Agreement.

[3] In accepting the undertaking I have also accepted that it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] The Agreement does contain a consultation term, however, it is not a consultation term that fully complies with s205 of the Act. Consequently the model consultation term is taken to be a term of the Agreement.

[5] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54, will operate from 30 December 2014. The nominal expiry date is four (4) years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application by WorkPac Pty Ltd for the approval of the WorkPac Pty Ltd Clerical Agreement 2014. The applicant sought the Fair Work Commission's approval of the agreement under section 232 of the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for approval and whether it was fair and reasonable in the circumstances. The court was tasked with examining the specifics of the agreement, the process by which it was negotiated, and its impact on the employees.

The legal issues before the court included whether the agreement was genuinely bargained for, if it was made in good faith, and if it provided for fair terms and conditions of employment. The court also had to consider whether the agreement provided for a fair balance of rights and obligations and whether it aligned with the objectives of the Fair Work Act. The negotiation process and the representation of the employees during the negotiation were also scrutinized to ensure that the agreement was made fairly and in good faith.

In reaching its decision, the court examined the evidence presented regarding the negotiation process and the terms of the agreement. It found that the agreement was genuinely bargained for and made in good faith. The court also determined that the agreement provided for fair terms and conditions of employment, and it struck an appropriate balance of rights and obligations. The court concluded that the agreement met the requirements for approval under the Fair Work Act. Consequently, the application for approval of the agreement was successful.

The court approved the WorkPac Pty Ltd Clerical Agreement 2014, effective from the date of the decision. The agreement now sets the terms and conditions of employment for the relevant employees, subject to the provisions of the Fair Work Act. The approval ensures that the agreement is legally binding and enforceable, providing clarity and certainty for both the employer and the employees.

WorkPac 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