CALLIDUS PROCESS SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2025

Application for approval of the CALLIDUS PROCESS SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2025

[1] An application has been made for approval of an enterprise agreement known as the CALLIDUS PROCESS SOLUTIONS WORKSHOP ENTERPRISE AGREEMENT 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Callidus Process Solutions Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 April 2024 and the Agreement was made on 23 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.

[4] The Applicant has provided written undertakings (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.

[5] A potential BOOT issue was identified with respect to part time or casual employees who worked only on weekends or such that the majority of their time worked on weekends. I noted that there were only two part time and two casuals covered by the Agreement at the time of voting but nevertheless raised this issue with the Applicant. The Applicant advises and I am satisfied that no part time or casual employee works such that their work hours are only on the weekend or more than seventy-five percent on the weekend. Further, I am satisfied that it is not reasonably foreseeable that a part time or casual employee will work in such a manner during the life of the Agreement. Given this, the BOOT concern is resolved.

[6] Clause 32 of the Agreement - the delegates' rights clause - does not specify the types of industrial interests that would warrant the entitlement to representation by a workplace delegate. The Award does list several types of industrial interests but with the proviso that these are effectively examples and not a definitive list. As the provision in the Agreement similarly does not seek to limit the scope of industrial matters, I am satisfied that the provisions are effectively equivalent and so the delegates' rights clause in the Agreement has not been replaced by the Award clause.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2025. The nominal expiry date of the Agreement is 27 March 2029.

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