DECISION

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

Blue Staff Recruitment Pty Ltd t/a Blue Staff Recruitment
(AG2015/5466)

BSR ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the BSR Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BSR Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Staff Recruitment Pty Ltd t/a Blue Staff Recruitment. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings 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.

[4] The Agreement was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blue Staff Recruitment Pty Ltd t/a Blue Staff Recruitment applied for approval of the BSR Enterprise Agreement 2015 before the Fair Work Commission (FWC). The application was brought in the context of a dispute between the applicant and the union representing the employees, the Transport Workers Union of Australia. The central issue before the FWC was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement had been made in good faith, whether it contained the minimum terms and conditions mandated by the Act, and if it complied with the procedural requirements for enterprise agreements.

The FWC examined the negotiation process, the contents of the agreement, and whether the union had genuinely attempted to reach an agreement. The court noted that the union had made efforts to negotiate in good faith but found that there were some procedural shortcomings, such as incomplete documentation and delays in the negotiation process. However, the FWC determined that these issues did not significantly detract from the overall fairness of the agreement or the negotiation process. The FWC concluded that the agreement contained all the necessary minimum terms and conditions and was in the best interests of the employees, considering the context of the industry and the economic climate.

After careful consideration, the FWC approved the BSR Enterprise Agreement 2015, finding that it met the requirements for approval under the Act. The FWC's decision was based on the balance of factors, including the overall fairness of the agreement and its compliance with the minimum terms and conditions. The court highlighted the importance of good faith negotiations and procedural compliance in future agreements. The final orders of the FWC included the approval of the BSR Enterprise Agreement 2015, effective from the date of the decision.

Blue Staff Recruitment Pty Ltd t/a Blue Staff Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established