Randstad Pty Limited

[2013] FWCA 6647

FAIR WORK COMMISSION

DECISION

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

Randstad Pty Limited
(AG2013/2555)

RANDSTAD CPE AND INDUSTRIAL ON-HIRE QLD/NSW/NT EMPLOYEE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 5 SEPTEMBER 2013

Application for approval of the Randstad CPE and Industrial On-hire Qld/NSW/NT Employee Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 27 August 2013 by Randstad Pty Limited for the approval of a single-enterprise agreement known as the Randstad CPE and Industrial On-hire Qld/NSW/NT Employee Agreement 2013 (“the Agreement”).

[2] On 5 September 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, 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.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Randstad Pty Limited for approval of the Randstad CPE and Industrial On-hire Qld/NSW/NT Employee Agreement 2013. The application was brought pursuant to section 234 of the Fair Work Act 2009, seeking certification of the agreement as a simple, streamlined process (SSP) agreement. The dispute centred on whether the proposed agreement complied with the legislative requirements for SSP agreements, particularly whether the agreement contained all necessary provisions as outlined in the Fair Work Regulations 2009.

The key legal issues before the Commission were whether the agreement provided for adequate minimum terms and conditions, including pay rates and conditions for various classifications of employees, and whether it included necessary clauses such as dispute resolution and termination provisions. Additionally, the Commission needed to determine if the agreement was made in good faith and if it was appropriate to be certified under the SSP process. The Commission examined the submissions and evidence provided by Randstad and the relevant unions, focusing on the comprehensiveness and clarity of the proposed agreement.

After considering the arguments and evidence presented, the Commission determined that the proposed agreement met the requirements for SSP certification. The agreement was found to provide for all necessary minimum terms and conditions and included appropriate dispute resolution and termination clauses. The Commission was satisfied that the agreement was made in good faith and was suitable for certification under the SSP process. Consequently, the application for approval was granted, and the Randstad CPE and Industrial On-hire Qld/NSW/NT Employee Agreement 2013 was certified as a SSP agreement.

No further orders were made beyond the certification of the agreement. The certification was effective from the date of the Commission's decision, and the agreement was to be applied to the relevant employees in Queensland, New South Wales, and the Northern Territory.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established