Red Earth Personnel Pty Ltd

[2014] FWCA 2692

FAIR WORK COMMISSION

DECISION

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

Red Earth Personnel Pty Ltd
(AG2014/5652)

RED EARTH PERSONNEL ON-HIRE EMPLOYEE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 29 APRIL 2014

Application for approval of the Red Earth Personnel On-Hire Employee Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 10 April 2014 by Red Earth Personnel Pty Ltd for the approval of a single-enterprise agreement known as the Red Earth Personnel On-Hire Employee Agreement 2014(“the Agreement”).

[2] On 28 April 2014, 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] 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 Construction, Forestry, Mining and Energy Union (“the CFMEU”), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CFMEU.

[5] 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

In the Fair Work Commission, Red Earth Personnel Pty Ltd applied for the approval of the Red Earth Personnel On-Hire Employee Agreement 2014. The application was made under section 234 of the Fair Work Act 2009, seeking the agreement to be registered as a new registered agreement. The agreement, if approved, would apply to employees who were on-hire employees of Red Earth Personnel.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission had to determine if the agreement contained all the prescribed minimum terms and conditions and if it was consistent with the Fair Work Act’s objectives. The Commission also had to consider whether the agreement was made in good faith and if it provided fair and reasonable terms for the employees.

The Commission examined the agreement in detail, considering the submissions from both Red Earth Personnel and the employees’ representatives. It found that the agreement met all the prescribed minimum terms and conditions as outlined in the Fair Work Act and Regulations. The Commission determined that the agreement provided fair and reasonable terms for the employees and was made in good faith. Consequently, the Commission approved the Red Earth Personnel On-Hire Employee Agreement 2014, registering it as a new registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established