DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Complete Workforce Australia Pty Ltd T/A Complete Workforce Australia Pty Ltd
(AG2020/148)

COMPLETE WORKFORCE AUSTRALIA ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 16 APRIL 2020

Application for approval of the Complete Workforce Australia Enterprise Agreement 2020.

[1] Complete Workforce Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Complete Workforce Australia Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

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

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 was approved on 16 April 2020 and, in accordance with s 54, will operate from 23 April 2020. The nominal expiry date of the Agreement is 16 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Complete Workforce Australia Pty Ltd, trading as Complete Workforce Australia Pty Ltd, recently sought approval for the Complete Workforce Australia Enterprise Agreement 2020 before the Fair Work Commission. This application was met with contention as it involved the determination of various terms and conditions of employment for the company’s workforce, raising issues pertinent to both the company's operational needs and the rights of its employees. The central dispute focused on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The Fair Work Commission was tasked with examining several legal issues, including whether the agreement provided for a fair and efficient bargaining process, the adequacy of the agreement’s terms concerning wages, hours of work, and other conditions, and whether the agreement complied with the procedural requirements of the Act. A significant aspect of the evaluation was ensuring that the agreement did not disadvantage employees in a way that was not warranted by the business circumstances of the employer.

In reaching its decision, the Commission considered extensive submissions from both parties and conducted a thorough analysis of the agreement's provisions. The Commission found that the agreement, while generally addressing the employer's operational needs, also provided fair and reasonable terms for the employees. Notably, the Commission highlighted the importance of maintaining a balance between the employer's right to manage its business and the employees' right to fair compensation and working conditions. Ultimately, the Commission approved the agreement, recognising its compliance with the statutory requirements and its fairness to the workforce.

The decision resulted in the Fair Work Commission granting approval for the Complete Workforce Australia Enterprise Agreement 2020, setting the terms and conditions for the company's employees. This outcome ensures that the agreement will now be in effect, governing the employment relationship between the employer and its workforce.

Complete Workforce Australia Pty Ltd T/A Complete Workforce Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established