Australian Recruiting Pty Ltd T/A Arg Workforce Aust
[2025] FWCA 2043
•20 JUNE 2025
| [2025] FWCA 2043 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Australian Recruiting Pty Ltd T/A Arg Workforce Aust
(AG2025/1709)
AUSTRALIAN RECRUITING PTY LTD & RTBU ENTERPRISE AGREEMENT 2025
| Rail industry | |
| COMMISSIONER ALLISON | MELBOURNE, 20 JUNE 2025 |
Application for approval of the Australian Recruiting Pty Ltd & RTBU Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Australian Recruiting Pty Ltd & RTBU 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 Australian Recruiting Pty Ltd T/A Arg Workforce Aust. The Agreement is a single enterprise agreement.
The Australia Rail, Tram and Bus Industry Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Employer has provided a written undertaking providing pay rates under the Agreement prior to 1 July 2025. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.
Subject to the undertaking referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2025. The nominal expiry date of the Agreement is 27 June 2028.
COMMISSIONER
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Annexure A
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