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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.
[2019] FWCA 3535 [Note: This decision has been quashed - refer to Full
Bench decision dated 11 September 2019 [2019] FWCFB 6307.
A further Full Bench Decision dated 20 November [2019] FWCFB 7919 has
been issued.
DECISION
E AUSTRALIA FairWork Commission
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb7919.htm
https://www.fwc.gov.au/documents/decisionssigned/html/2019fwcfb6307.htm
[2019] FWCA 3535
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[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
AE503560 PR708570
WORK MMISSION
[2019] FWCA 3535
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Annexure A
IN THE FAIR WORK COMMISSION FWC Matter No .:
AG2010/0002 Applicant: Specialist People Pty Ltd Undertaking- section 190 I, Matt Prendergast, Executive General Manager Business Services of Specialist People Pty Ltd, give the following undertakings with respect to the Specialist People Agreement 2018
(Agreement): 1. I have the authority given to me by Specialist People Pty Ltd to provide this undertaking in relation to this application before the Fair Work Commission. 2. National Employment Standards Precedence Clause This Agreement will be read and interpreted in conjunction with the National Employment Standards (NES). Where there is an inconsistency between the
Agreement and the NES, and the NES provides a greater benenit, the NES provision will apply to the extent of the inconsistency. 3. Specialist Project Work The Company confirms that it does not seek to rely on clause 9 of the Agreement. 4. Definition of shiftworker For the purposes of 10.7 of the Agreement, a shiftworker is a seven day shiftworker
who is regularly rostered to work on Sundays and public holidays. 5. Abandonment of employment For the purposes of clause 17.9 of the Agreement, in the event an employee abandons their employment, the employment will be terminated pursuant to the termination provisions set out at clauses 17.1 to 17.8 of the Agreement. 6. Casual conversion
The casual conversion clause set out at clause 14.4 of the Manufacturing and Associated Industries and Occupations Award 2010 is taken to be a term of the Agreement. 7. Redundancy For the purposes of clause 18.3(b), the circumstances in which redundancy pay will not be payable is where the employee is redeployed. Accordingly, references to "suitable alternative employment" in clause 18.3(b) of the Agreement shall be
understood as referring to "redeployment". 1
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8. Deductions (a) For the purposes of clause 4.3, where an employee fails to give the required notice, the Company may withhold from any monies due to the employee on
termination pursuant to the Agreement, an amount not exceeding the amount the employee would have been paid under the Agreement, in respect of the period of notice required by this clause less any period of notice actually given by the employee. (b) For the purposes of clause 4.11, any subsequent tests will be at the Company's expense. (c) The Company confirms that it does not seek to rely on clause 17.8 of the
(d) For the purposes of clause 17.10, the Company confirms that it will not withhold any final payments, but confirms that employees must return all Company property in the event of termination. 9. Tool allowance and protective equipment (a) In the event an employee is required to supply and maintain their own tools the Company will pay a tool allowance of $15.29 per week.
(b) £ The Company will supply all protective equipment and clothing to employees. 10. Ordinary hours of work and shift length For the purposes of the Agreement, the ordinary hours of work will be an average of 38 hours per week inclusive of meal breaks and must not exceed 152 hours in 28 days.
ofillt lenguns hours per day and all hours ordinary hours of work will be paid in accordance with the Additional Hours of Work provisions in the Agreement. Part time employees will be engaged to work a regular pattern of hours which average less than 38 ordinary hours per week, provided that a part time employee is engaged and paid for a minimum of 4 consecutive hours per day or shift. 11. Minimum engagement for casuals and casual work arrangements
For the purposes of the Agreement, on each occasion a casual is required to attend work casual employees will be paid a minimum of four consecutive hours' work. Casual shift will be arranged so that a casual employee has at least 10 hours off duty between the work of successive days. 12. Irregular night shift employees The Company will ensure that an employee engaged to work on night shift in
circumstances described by clause 37.3(b) of the Manufacturing and Associated Industries and Occupations Award 2010 is paid more than the applicable amounts 2
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prescribed by the Manufacturing and Associated Industries and Occupations Award 2010.
Employer name: AGC Industries Pty Ltd Authority to sign: Executive General Manager Business Services
Signature. Date: 30/4/19
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