Hays Specialist Recruitment (Australia) Pty Ltd

[2013] FWCA 2072

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hays Specialist Recruitment (Australia) Pty Ltd
(AG2013/463)

HAYS SPECIALIST RECRUITMENT (AUSTRALIA) PTY LTD WHEATSTONE PROJECT AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 8 APRIL 2013

Application for approval of the Hays Specialist Recruitment (Australia) Pty Ltd Wheatstone Project Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hays Specialist Recruitment (Australia) Pty Ltd Wheatstone Project Agreement 2013. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Hays Specialist Recruitment (Australia) Pty Ltd sought approval for the Hays Specialist Recruitment (Australia) Pty Ltd Wheatstone Project Agreement 2013 from the Fair Work Commission. The dispute arose from negotiations between Hays and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the terms of a new enterprise agreement. The primary issue was whether the proposed agreement should be approved and registered under the Fair Work Act 2009. This involved determining whether the agreement complied with the statutory requirements and whether it met the 'better off overall test' as stipulated by the Act.

The court examined whether the proposed agreement provided employees with a fair and reasonable outcome, considering their overall financial and non-financial benefits. It also assessed whether the agreement adhered to the procedural fairness standards, including the requirement for genuine bargaining and whether the parties had acted in good faith. The Commission evaluated the submissions from both Hays and the CFMEU, considering the economic context and the implications for the workforce. The court took into account the evidence presented regarding the financial viability of the agreement and its impact on the employees' conditions.

After careful consideration, the Fair Work Commission determined that the Hays Specialist Recruitment (Australia) Pty Ltd Wheatstone Project Agreement 2013 met the statutory requirements for approval. The Commission found that the agreement was fair and reasonable, providing employees with a satisfactory overall outcome and complying with the procedural fairness standards. The agreement was thus approved and registered, ensuring that it would be legally binding on the parties involved. The court's decision affirmed the validity of the proposed terms, resolving the dispute and providing a clear framework for future employment conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established