[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.]
FAIR WORK COMMISSION

DECISION


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.

[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.

al of Deputy President Beaumont of the Fair Work Commission

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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