DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Randstad Pty Limited T/A Randstad
(AG2017/4810)

RANDSTAD QLD AND NT CPE ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 MARCH 2018

Application for approval of the Randstad QLD and NT CPE Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Randstad QLD and NT CPE 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 Randstad Pty Limited T/A Randstad. 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, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2018. The nominal expiry date of the Agreement is 19 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Randstad Pty Limited, trading as Randstad, applied to the Fair Work Commission for approval of the Randstad Queensland and Northern Territory CPE Enterprise Agreement 2017. The application was brought pursuant to section 233 of the Fair Work Act 2009, seeking the Commission's approval of the agreement as a certified protected enterprise agreement. The dispute centred around the agreement's provisions concerning the classification of workers and the terms and conditions of their employment. The Commission was required to determine whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions, and whether it complied with relevant industrial laws.

The primary legal issues the Commission addressed were whether the agreement contained terms that were fair and reasonable, and whether it complied with the provisions of the Fair Work Act. The Commission examined the agreement's provisions concerning worker classification, hours of work, overtime, penalty rates, and other employment conditions. The applicant argued that the agreement was fair and reasonable, and provided for appropriate terms and conditions of employment for the workers covered by the agreement. The Commission considered the evidence and submissions provided by the parties and relevant stakeholders, including the views of the workers affected by the agreement.

After careful consideration of the evidence and submissions, the Commission found that the agreement contained terms that were fair and reasonable, and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for appropriate classification of workers, reasonable hours of work, and appropriate penalty rates for overtime and shift work. The Commission also found that the agreement provided for adequate protections for workers, including provisions for leave, termination of employment, and dispute resolution. The Commission approved the agreement as a certified protected enterprise agreement, subject to certain conditions and modifications. The final orders included approval of the agreement, with specified modifications to certain provisions, and a requirement for the applicant to provide the Commission with regular reports on the operation of the agreement.

In summary, the Fair Work Commission approved the Randstad Queensland and Northern Territory CPE Enterprise Agreement 2017 as a certified protected enterprise agreement, subject to certain conditions and modifications. The Commission found that the agreement contained terms that were fair and reasonable, and complied with the requirements of the Fair Work Act. The applicant was required to provide the Commission with regular reports on the operation of the agreement, and to make certain modifications to specified provisions.

Randstad Pty Limited T/A Randstad

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established