DECISION

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

Dreampath Recruitment Pty Ltd T/A Dreampath Pty Ltd
(AG2020/198)

DREAMPATH ON-HIRE EMPLOYEE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 MARCH 2020

Application for approval of the Dreampath On-Hire Employee Agreement 2020.

[1] Dreampath Recruitment Pty Ltd T/A Dreampath Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Dreampath On-Hire Employee Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representative for the Agreement regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 March 2020. The nominal expiry date of the Agreement is 12 March 2024.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Dreampath Recruitment Pty Ltd, trading as Dreampath, applied for approval of the Dreampath On-Hire Employee Agreement 2020. The application was heard in the Fair Work Commission, which has the authority to approve or reject employment agreements that are not covered by an award or enterprise agreement. The primary dispute revolved around whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement was procedurally and substantively valid. Procedurally, the Commission needed to determine if Dreampath had followed the correct process in developing and seeking approval for the agreement. Substantively, the Commission had to assess whether the agreement complied with the Act's requirements, including provisions about minimum entitlements, lawful terms, and fairness. The Commission examined the agreement's clauses concerning remuneration, hours of work, leave, and other employment conditions to ensure they met the legislative standards.

The Fair Work Commission found that Dreampath had followed the necessary procedural steps and that the agreement substantially complied with the statutory requirements. The Commission noted that while some of the proposed terms were less favourable than those provided in the relevant award, the agreement did not contravene the Act's provisions for approval. The Commission concluded that the agreement was fair and lawful, and thus approved it. The decision highlights the importance of ensuring that employment agreements meet the legislative criteria while allowing for flexibility in terms that do not fall below minimum award standards.

The Commission's final order was the approval of the Dreampath On-Hire Employee Agreement 2020, effective from the date of the decision. This decision allows Dreampath to implement the terms of the agreement, subject to compliance with the Fair Work Act and any relevant awards or enterprise agreements.

Dreampath Recruitment Pty Ltd T/A Dreampath 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