Mk2 Recruitment Pty Ltd

[2015] FWCA 6915

[2015] FWCA 6915

FAIR WORK COMMISSION

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

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