DECISION

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

Job Connect Recruitment Pty Ltd
(AG2018/6141)

JOB CONNECT RECRUITMENT PTY LTD MAJOR PROJECTS DIVISION ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries, Clerical industry, Electrical contracting industry, Manufacturing and associated industries, Retail industry, Road transport industry, and Waste management industry
DEPUTY PRESIDENT LAKE	BRISBANE, 17 MAY 2019

Application for approval of the Job Connect Recruitment Pty Ltd Major Projects Division Enterprise Agreement 2018

[1] Job Connect Recruitment Pty Ltd has applied for the approval of an enterprise agreement known as the Job Connect Recruitment Pty Ltd Major Projects Division Enterprise Agreement 2018 (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] 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.

[3] The Agreement is approved in accordance with s.54 of the Act and will operate from 24 May 2019. The nominal expiry date of the Agreement is 24 May 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to consider the approval of the Job Connect Recruitment Pty Ltd Major Projects Division Enterprise Agreement 2018. The applicant, Job Connect Recruitment, sought to have the agreement approved as a modern award under the Fair Work Act 2009. The dispute arose from negotiations between Job Connect Recruitment and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The FWC had to determine whether the agreement met the legal requirements for approval and whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues the FWC had to resolve were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether the agreement complied with the good faith bargaining requirements, and whether the terms and conditions of the agreement were fair and reasonable. The FWC also needed to consider whether the agreement provided for appropriate mechanisms for dispute resolution and whether it included all necessary provisions as stipulated by the Act.

The FWC found that the agreement had been made in good faith and in accordance with the Act. It was determined that the agreement complied with the good faith bargaining requirements and contained fair and reasonable terms and conditions of employment. The FWC noted that the agreement provided for appropriate mechanisms for dispute resolution and included all necessary provisions as required by the Act. After considering all the evidence and arguments presented, the FWC was satisfied that the agreement met the criteria for approval.

The FWC approved the Job Connect Recruitment Pty Ltd Major Projects Division Enterprise Agreement 2018 as a modern award under the Fair Work Act. The approval came into effect from the date of the FWC's decision, and the agreement will now govern the employment terms and conditions for employees in the major projects division of Job Connect Recruitment.

Job Connect Recruitment 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