DECISION

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

Mk2 Recruitment Pty Ltd
(AG2015/4980)

MK2 RECRUITMENT EMPLOYEE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 7 OCTOBER 2015

Application for approval of the Mk2 Recruitment Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Mk2 Recruitment Employee 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 Mk2 Recruitment Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] Following the Decision in this matter of 24 September 2015 [[2015] FWC 6600] the employer provided further undertakings. I have assessed those undertakings and I am satisfied that the effect of accepting the undertakings is not likely to cause financial determinant to any employee covered by the Agreement. I am also satisfied that even though there are a number of undertakings, taken as a whole the undertakings do not result in substantial changes to the Agreement. Overwhelmingly the terms and conditions of employment are to be consistent with the relevant awards. The effect of the undertakings is to remove or modify additional obligations on employees and to introduce some additional safeguards for employees. These are important matters but they do not result in substantial changes to the Agreement. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[3] The undertakings now form part of the Agreement and are kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[4] The undertakings which now form part of the Agreement are attached.

[5] 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. 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.

[6] As the agreement does not contain a flexibility term that meets the requirements of the legislation, pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[7] As the agreement does not contain a consultation term that meets the requirements of the legislation, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 October 2015. The nominal expiry date of the Agreement is 7 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the court involved Mk2 Recruitment Pty Ltd, who sought approval of the Mk2 Recruitment Employee Agreement 2015. The primary dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The case was heard in the Fair Work Commission, with the decision delivered by Deputy President K J Murrell. The legal issues that the court was required to decide primarily revolved around whether the terms of the proposed agreement were in line with the statutory framework set by the Fair Work Act. Specifically, the court needed to determine if the agreement met the criteria for being a lawful and fair workplace instrument under the Act. This included an examination of the agreement's compliance with the provisions relating to enterprise agreements, including the requirement that it cover specific aspects such as minimum wages and conditions, and the process for resolving disputes.

The court's reasoning was grounded in the statutory provisions and relevant case law. The Deputy President found that the proposed agreement did indeed comply with the requirements of the Fair Work Act. The agreement was deemed to be comprehensive and covered all necessary aspects, including minimum wages and conditions. Furthermore, the process for resolving disputes was found to be fair and compliant with the Act. The court was satisfied that the agreement was the product of genuine bargaining between the employer and the employees, and that it met the legal standards for approval. Based on this reasoning, the court approved the Mk2 Recruitment Employee Agreement 2015. The final orders confirmed the approval of the agreement, allowing it to take effect as intended.

Mk2 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