Australian Workers’ Union

[2018] FWCA 3626

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Australian Workers’ Union

(AG2018/531)

Online Recruitment & Australian Workers’ Union Agreement 2017

Building, metal and civil construction industries
Commissioner Lee	MELBOURNE, 20 JUNE 2018

Application for approval of the Online Recruitment & Australian Workers’ Union Agreement 2017.

An application has been made for approval of a greenfields agreement known as the XX (Agreement). The application was made by The Australian Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.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 Australian Workers’ Union 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 Australian Workers’ Union and that the Agreement covers this organisations.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2018. The nominal expiry date of the Agreement is 28 February 2020.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers’ Union applied for the approval of the Online Recruitment & Australian Workers’ Union Agreement 2017, which sought to regulate employment conditions for online recruitment workers. The union argued that the agreement was a simplified and streamlined approach to industrial relations, beneficial for both employers and employees in the online recruitment sector. The Fair Work Commission, as the relevant tribunal, was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues before the Commission included whether the agreement satisfied the requirements under the Fair Work Act 2009, specifically regarding the provisions for minimum wages, conditions, and dispute resolution mechanisms. The Commission had to assess whether the agreement provided fair and reasonable terms for the employees involved and if it adhered to the broader principles of industrial fairness and efficiency.

The Fair Work Commission approved the agreement, finding that it met all statutory requirements. The Commission concluded that the agreement provided for fair and reasonable terms, including adequate wages and conditions, and established a practical dispute resolution process. The Commission also noted that the agreement streamlined the industrial relations process, which was beneficial for both parties in the online recruitment industry. This decision underscores the importance of balancing industrial fairness with the need for efficient and simplified employment agreements.

The Commission made an order approving the Online Recruitment & Australian Workers’ Union Agreement 2017, effective from the date of the decision. This approval allows the agreement to be used as a basis for employment in the online recruitment sector, subject to the terms and conditions outlined within the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established