2XM Recruit Pty Ltd

[2022] FWCA 2240

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

2XM Recruit Pty Ltd

(AG2022/2161)

AMWU and 2XM Recruit Pty Ltd Metals Labour Hire Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 6 JULY 2022

Application for approval of the AMWU and 2XM Recruit Pty Ltd Metals Labour Hire Agreement 2019-2023.

An application has been made for approval of a greenfields agreement known as the AMWU and 2XM Recruit Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made by 2XM Recruit Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the
“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 July 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, 2XM Recruit Pty Ltd, sought approval of a proposed enterprise agreement from the Fair Work Commission (FWC). The Australian Manufacturing Workers’ Union (AMWU) was the other party involved. The dispute centred around the terms and conditions outlined in the Metals Labour Hire Agreement 2019-2023. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues addressed by the FWC involved the compliance of the proposed agreement with the requirements of the Fair Work Act. Specifically, the FWC had to consider whether the agreement contained all the mandated terms and conditions, whether it provided for a fair and efficient workplace, and whether it was free from any unlawful content. Additionally, the FWC examined whether the agreement had been genuinely negotiated between the parties and whether the process complied with the relevant provisions of the Act.

The FWC found that the agreement substantially complied with the Fair Work Act. The court noted that while there were minor issues regarding the clarity of certain provisions, these did not materially detract from the overall fairness and compliance of the agreement. The FWC emphasised the importance of the negotiated process and found that the agreement reflected a genuine effort by both parties to reach a fair and balanced outcome. The FWC ultimately approved the agreement, finding it to be in the best interests of the employees covered by it.

The FWC approved the Metals Labour Hire Agreement 2019-2023, effective from the date of the decision. The approval was subject to the agreement being registered with the Fair Work Commission Register of Approved Agreements. The decision highlighted the importance of clear and fair negotiation processes in enterprise agreements and underscored the FWC's role in ensuring compliance with legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established