DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hays Specialist Recruitment (Australia) Pty Ltd
(AG2015/4445)

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD RH ENTERPRISE AGREEMENT 2015

Mining industry
COMMISSIONER ROE	MELBOURNE, 31 AUGUST 2015

Application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd RH Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Hays Specialist Recruitment (Australia) Pty Ltd RH Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hays Specialist Recruitment (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 31 August 2015 and, in accordance with s.54, will operate from 7 September 2015. The nominal expiry date of the Agreement is
31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Hays Specialist Recruitment (Australia) Pty Ltd, an employer, and its employees, represented by the Australian Services Union. The dispute centred around the application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd RH Enterprise Agreement 2015. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement was made in good faith and whether it contained the necessary provisions for minimum entitlements as stipulated by the Act. Furthermore, the Commission considered whether the agreement provided for a proper process for resolving disputes and if it was appropriately certified by the Australian Building and Construction Commission as being free from any illegality.

In its decision, the Commission found that the agreement was made in good faith and contained the requisite provisions for minimum entitlements. The Commission also determined that the agreement included a suitable dispute resolution process. The certification by the Australian Building and Construction Commission was deemed sufficient, as the agreement did not involve any illegality. Consequently, the Commission approved the enterprise agreement, finding it met the necessary criteria under the Fair Work Act 2009.

The Fair Work Commission approved the Hays Specialist Recruitment (Australia) Pty Ltd RH Enterprise Agreement 2015, confirming its compliance with the requirements of the Fair Work Act 2009. The agreement was deemed to be made in good faith, contained appropriate provisions for minimum entitlements, and included a proper dispute resolution process. The Commission's approval of the agreement signified its adherence to the legal standards set forth by the Act.

Hays Specialist Recruitment (Australia) 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