DECISION

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

First Grade Recruitment
(AG2015/2819)

FIRST GRADE RECRUITMENT COLLECTIVE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 9 JUNE 2015

Application for approval of the First Grade Recruitment Collective Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 May 2015 by First Grade Recruitment for the approval of a single-enterprise agreement known as the First Grade Recruitment Collective Agreement(“the Agreement”).

[2] On 4 June 2015, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, First Grade Recruitment Pty Ltd and the Australian Workers' Union, sought approval of the First Grade Recruitment Collective Agreement under section 235 of the Fair Work Act 2009. The respondents, a number of employees of the company, objected to the approval of the agreement on various grounds. The matter was heard in the Federal Circuit Court.

The central issue before the court was whether the collective agreement met the requirements for approval under the Fair Work Act. The respondents argued that the agreement did not comply with certain provisions of the Act, including those relating to procedural fairness and the rights of employees to be consulted about the agreement. The applicants contended that the agreement was valid and should be approved.

The court found that the agreement did not meet the requirements for approval under the Act. The court held that the applicants had failed to provide adequate procedural fairness to the respondents, and that the agreement did not adequately protect the rights of employees to be consulted about the agreement. The court also found that certain provisions of the agreement were inconsistent with the provisions of the Act. As a result, the court refused to approve the agreement.

The court's decision brings to light the importance of ensuring procedural fairness and protecting the rights of employees when negotiating and approving collective agreements. The court's refusal to approve the agreement highlights the need for careful consideration of the provisions of the Fair Work Act when drafting and negotiating collective agreements.

First Grade Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established