DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bullet Recruits Pty Ltd
(AG2018/7109)

BULLET RECRUITS ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 20 JUNE 2019

Application for approval of the Bullet Recruits Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bullet Recruits Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bullet Recruits Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer 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, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2019. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bullet Recruits Pty Ltd, the employer, applied to the Fair Work Commission for approval of the Bullet Recruits Enterprise Agreement 2019, which it had negotiated with the Australian Services Union. The union represented the employees, who were engaged in recruitment activities. The central issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions and whether it met the requirements for registration and approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained all the mandated minimum terms and conditions, if it adhered to the procedural fairness, and whether the application was made within the stipulated time frames.

The Commission considered whether the agreement provided for the employees' minimum entitlements, including rates of pay, classification, leave provisions, and other conditions of employment. Additionally, the Commission examined if the agreement was negotiated in good faith and if it was procedurally fair. The Commission also assessed whether the application for approval was lodged within the appropriate timeframe and if all necessary documentation and fees were submitted correctly. The Commission found that the agreement was comprehensive and contained all the required minimum terms and conditions. It was also determined that the negotiation process was conducted in good faith and met the procedural fairness criteria. Furthermore, the application for approval was deemed to be timely and properly documented.

In conclusion, the Fair Work Commission approved the Bullet Recruits Enterprise Agreement 2019, finding that it complied with the statutory requirements and met all criteria for registration and approval. The Commission's decision was based on the thoroughness of the agreement, the fairness of the negotiation process, and the procedural correctness of the application. The approved agreement now serves as the basis for employment conditions between Bullet Recruits and its employees, as represented by the Australian Services Union.

Bullet Recruits Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established