DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prestige Recruitment & Labour Hire Pty Ltd
(AG2017/1277)

PRESTIGE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 9 MAY 2017

Application for approval of the Prestige Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Prestige Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prestige Recruitment & Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2017. The nominal expiry date of the Agreement is 9 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prestige Recruitment & Labour Hire Pty Ltd sought approval of an enterprise agreement from the Fair Work Commission. The company argued the agreement was appropriate for its workforce, consisting mainly of casual and part-time employees. The dispute arose as some unions and employees claimed the agreement failed to adequately protect workers' rights and conditions.

The central legal issue was whether the agreement provided a safety net for employees and whether it had been negotiated in good faith. The Commission had to assess if the agreement met the criteria under the Fair Work Act 2009, specifically if it provided minimum rates of pay and conditions that were no less favourable than the applicable award or registered agreement. Additionally, the Commission examined if the agreement was made in good faith, considering the nature of the workforce and the bargaining power of the parties.

The Fair Work Commission found that the agreement did provide a safety net that met the minimum standards. It concluded that the agreement had been negotiated in good faith and took into account the specific circumstances of the workforce, which included many casual and part-time employees. The Commission also noted that the agreement provided for proper consultation and dispute resolution processes. Consequently, the application for approval was successful.

The Commission approved the Prestige Enterprise Agreement 2017, emphasising the importance of ensuring fair and reasonable terms for all employees involved. The decision underscores the need for enterprise agreements to be contextually appropriate and to protect the rights of employees, particularly in industries with a significant number of casual and part-time workers.

Prestige Recruitment & Labour Hire 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