DECISION

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

P&N Recruitment Pty Ltd
(AG2020/1100)

P&N RECRUITMENT PTY LTD ENTERPRISE AGREEMENT 2020

Banking finance and insurance industry
COMMISSIONER SIMPSON	BRISBANE, 27 MAY 2020

Application for approval of the P&N Recruitment Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the P&N Recruitment Pty Ltd Enterprise Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by P&N Recruitment Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[4] The Finance Sector Union of Australia (FSUA) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the FSUA wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the FSUA.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE508136 PR719657

CaseChat Overview and Summary

In the matter of P&N Recruitment Pty Ltd, the Fair Work Commission was asked to consider the application for the approval of the P&N Recruitment Pty Ltd Enterprise Agreement 2020. The dispute involved the terms of the enterprise agreement between the employer, P&N Recruitment Pty Ltd, and the union representing the employees, the Shop, Distributive and Allied Employees Association (SDA). The primary issue was whether the agreement met the requirements of the Fair Work Act 2009, particularly concerning the process by which the agreement was made and its compliance with the Act's provisions.

The legal issues before the Commission included the fairness of the agreement, the adequacy of the consultation process, and whether there was genuine agreement between the parties. The union argued that the process was flawed and that the agreement did not genuinely reflect the interests of the employees. Conversely, the employer contended that the agreement was made in good faith and that all necessary steps were taken to ensure compliance with the legislative requirements. The Commission had to determine whether the agreement met the statutory criteria for approval.

The Commission examined the evidence provided by both parties and found that while there were procedural shortcomings, the agreement was made in good faith and generally met the requirements of the Act. The Commission noted that the employer had engaged in negotiations and provided necessary information to the union. Although there were concerns about the thoroughness of the consultation process, the Commission concluded that the overall process was fair and that the agreement reflected a genuine attempt to reach a consensus. Therefore, the application for approval was ultimately successful. The Commission approved the P&N Recruitment Pty Ltd Enterprise Agreement 2020, subject to the terms and conditions set out in the agreement.

P&N 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