DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Catalyst Recruitment Systems Pty Ltd T/A Catalyst Services
(AG2014/10012)

CATALYST SERVICES ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 24 DECEMBER 2014

Application for approval of the Catalyst Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Catalyst Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Catalyst Recruitment Systems Pty Ltd T/A Catalyst Services. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Catalyst Recruitment Systems Pty Ltd T/A Catalyst Services. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2014. The nominal expiry date of the Agreement is 24 December 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Catalyst Recruitment Systems Pty Ltd, trading as Catalyst Services, applied for approval of the Enterprise Agreement 2014. The application was made to the Fair Work Commission, which heard the matter in a formal setting. The dispute revolved around the provisions of the proposed agreement, which Catalyst Services had negotiated with its employees, and whether it complied with the relevant legislative framework and principles of fairness.

The legal issues before the Commission included whether the agreement met the requirements for employee representation, the adequacy of the terms and conditions, and whether the process by which the agreement was negotiated was fair and appropriate. The Commission needed to determine if the agreement was genuinely bargained, free from coercion, and if it provided for a fair and reasonable outcome for both parties.

The Commission found that the agreement was appropriately negotiated and reflected a genuine attempt by both parties to reach a fair and reasonable outcome. The terms and conditions were considered to be reasonable and in line with industry standards. The process of negotiation was deemed to be fair, with appropriate employee representation and engagement. Consequently, the Commission approved the Enterprise Agreement 2014, recognising its compliance with the necessary legal and fairness criteria.

The final orders included the approval of the Catalyst Services Enterprise Agreement 2014, effective from the date of the Commission's decision. This decision ensures that the agreement will govern the employment terms and conditions for the employees of Catalyst Recruitment Systems Pty Ltd for the specified period.

Catalyst Recruitment Systems Pty Ltd T/A Catalyst Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established