Australian Recruiting Pty Ltd T/A Arg Workforce Aust Summary

[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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Australian Recruiting Pty Ltd trading as Arg Workforce Aust, the Fair Work Commission was asked to determine the approval of the Australian Recruiting Pty Ltd and RTBU Enterprise Agreement 2025. The primary dispute involved whether the proposed enterprise agreement met the necessary standards and requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred around several key provisions of the Fair Work Act. These included assessing whether the agreement provided for appropriate minimum rates of pay, included permissible terms for casual employees, and adhered to the requirements for good faith bargaining. Additionally, the Commission had to consider if the agreement met the criteria for being a "better off overall" test, ensuring that employees were not worse off as a result of the agreement.

The Fair Work Commission concluded that the proposed enterprise agreement met all the statutory requirements for approval. It provided for fair and reasonable minimum rates of pay and included terms that were consistent with good faith bargaining principles. The Commission found that employees would not be worse off overall under the terms of the agreement, thus satisfying the "better off overall" test. Consequently, the Commission approved the enterprise agreement as it complied with the legislative framework and protected the rights of both employers and employees.

The final order of the Commission was the approval of the Australian Recruiting Pty Ltd and RTBU Enterprise Agreement 2025, effective from the date specified in the agreement. This decision ensures that the terms of the agreement are legally binding and enforceable under the Fair Work Act.

Australian Recruiting Pty Ltd T/A Arg Workforce Aust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established