DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Next Generation Recruitment Pty Ltd
(AG2015/2633)

NEXT GENERATION RECRUITMENT PTY LTD, COLLECTIVE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 20 MAY 2015

Application for approval of the Next Generation Recruitment Pty Ltd, Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Next Generation Recruitment Pty Ltd, Collective 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 Next Generation Recruitment Pty Ltd. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 20 May 2015 and, in accordance with s.54, will operate from 27 May 2015. The nominal expiry date of the Agreement is 20 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Next Generation Recruitment Pty Ltd recently sought approval from the Fair Work Commission for the Next Generation Recruitment Pty Ltd, Collective Agreement 2015. The agreement was to apply to employees classified under the Recruitment and Staffing Services Industry Award 2010. The application was made by the employer, Next Generation Recruitment Pty Ltd, which is a small business employing up to 14 staff. The Australian Services Union was the union party to the agreement.

The central legal issue for the Commission to determine was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement was in the public interest, and whether it complied with the Good Faith Bargaining (GFB) provisions. The Commission also needed to be satisfied that the agreement provided for pay and conditions that were no less favourable than those provided for in the relevant award.

The Commission found that the agreement met all the necessary requirements. The proposed agreement was in the public interest as it provided a fair and reasonable outcome for both the employees and the employer. The Commission was satisfied that the GFB provisions had been complied with, and that the agreement provided for pay and conditions that were no less favourable than those provided for in the relevant award. The Commission approved the agreement, finding that it met the statutory requirements and provided a fair and reasonable outcome for all parties involved.

In summary, the Fair Work Commission approved the Next Generation Recruitment Pty Ltd, Collective Agreement 2015. The Commission found that the agreement was in the public interest, complied with the GFB provisions, and provided for pay and conditions that were no less favourable than those provided for in the relevant award.

Next Generation 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