DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mass Recruitment Australia Pty Ltd
(AG2021/6644)

MASS RECRUITMENT AUSTRALIA PTY LTD AND CFMEU (WA) AND AWU (METRONET PROJECT) ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 AUGUST 2021

Application for approval of the Mass Recruitment Australia Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Mass Recruitment Australia Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Mass Recruitment Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6.1(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Workers’ Union and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 September 2021. The nominal expiry date of the Agreement is 24 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by Mass Recruitment Australia Pty Ltd for approval of the Mass Recruitment Australia Pty Ltd and CFMEU (WA) and AWU (Metronet Project) Enterprise Agreement 2021. The application was before the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed enterprise agreement with the relevant legislative framework.

The legal issues before the Commission included whether the proposed agreement met the requirements under the Fair Work Act 2009, particularly in terms of its procedural fairness, and whether it was free from any procedural or other defects that would render it invalid. The Commission also had to consider whether the agreement was made in good faith and whether it was appropriately certified by the relevant union officials.

In examining the application, the Commission considered the evidence and submissions provided by the parties. It assessed the process through which the agreement was negotiated, the extent to which the employees were consulted, and the content of the agreement itself. The Commission determined that the agreement was procedurally fair and met the statutory requirements. It was also satisfied that the agreement was made in good faith and appropriately certified.

As a result of its findings, the Commission approved the enterprise agreement, allowing it to come into effect. The decision was based on the conclusion that the agreement was fair, compliant with the relevant legislation, and appropriately negotiated and certified.

Mass 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