Red Appointments NT Pty Ltd

[2023] FWCA 2382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Red Appointments NT Pty Ltd

(AG2023/2249)

RED APPOINTMENTS NT PTY LTD ON-HIRE EMPLOYEE AGREEMENT 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 31 JULY 2023

Application for approval of the Red Appointments NT Pty Ltd On-Hire Employee Agreement 2023.

Red Appointments NT Pty Ltd (the Employer) has made an application for the approval of the Red Appointments NT Pty Ltd On-Hire Employee Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2023. The nominal expiry date of the Agreement is 31 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Red Appointments NT Pty Ltd, sought approval of an on-hire employee agreement from the Fair Work Commission. The applicant is an agency that provides labour hire services, and the agreement in question outlines the terms and conditions under which its employees will be on-hired to other businesses. The nature of the dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial instruments and the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the criteria for being deemed a registered agreement, which would then be binding on the parties involved.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, whether it complied with the requirements set out in the Fair Work Act, and whether it was consistent with the applicable industrial instruments. The Commission had to consider the provisions of the agreement against the standards of procedural fairness, substantive fairness, and compliance with the law. Additionally, the Commission needed to assess whether the agreement was negotiated in good faith and whether it provided for the proper application of any relevant industrial instruments.

After thorough consideration of the application and the submissions from both the applicant and the relevant stakeholders, the Fair Work Commission found that the agreement was procedurally and substantively fair and complied with the relevant legislative requirements. The Commission concluded that the agreement provided adequate protections for employees and was consistent with the applicable industrial instruments. As a result, the Commission approved the Red Appointments NT Pty Ltd On-Hire Employee Agreement 2023, making it a registered agreement. The applicant's application was thus successful, and the agreement was approved for use.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established