Active Recruitment Pty Ltd T/A Active Recruitment; F & C Recruitment Pty Limited

[2014] FWCA 5880

FAIR WORK COMMISSION

DECISION

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

Active Recruitment Pty Ltd T/A Active Recruitment; F & C Recruitment Pty Limited
(AG2014/1748)

ACTIVE RECRUITMENT ENTERPRISE AGREEMENT 2014-2018

Clerical industry
COMMISSIONER RIORDAN	SYDNEY, 28 AUGUST 2014

Application for approval of the Active Recruitment Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Active Recruitment Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Active Recruitment Pty Ltd trading as Active Recruitment; F & C Recruitment Pty Limited (the Applicant). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] Fair Work Commission received correspondence dated 11 August 2014, which included further material in support of the application together with Undertakings made by and duly signed by the Chief Executive Officer, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is four (4) years.

COMMISSIONER

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CaseChat Overview and Summary

Active Recruitment Pty Ltd T/A Active Recruitment and F & C Recruitment Pty Limited recently appeared before the Fair Work Commission (FWC) in an application for the approval of the Active Recruitment Enterprise Agreement 2014-2018. The dispute involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and appropriate for the employees, while the respondents raised concerns about specific provisions.

The central legal issue before the FWC was whether the agreement complied with the criteria set out in the Fair Work Act. This included whether the agreement was made in good faith, covered appropriate matters, and provided for fair terms and conditions of employment. The FWC also had to consider whether the agreement met the procedural fairness requirements and whether the process leading to the agreement was appropriate.

In reaching its decision, the FWC examined the terms of the agreement and the process by which it was negotiated. The FWC considered whether the agreement was the product of genuine bargaining between the parties, whether it included provisions that were fair and reasonable, and whether it complied with the procedural requirements for approval. After careful consideration, the FWC found that the agreement met all the statutory requirements for approval. The FWC was satisfied that the agreement was made in good faith, covered appropriate matters, and provided for fair terms and conditions of employment. The FWC also found that the process leading to the agreement was appropriate and that the agreement complied with the procedural fairness requirements.

The FWC approved the Active Recruitment Enterprise Agreement 2014-2018, confirming its validity and enforceability. This decision provided clarity for the parties and established a benchmark for future enterprise agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established