DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Reliance Recruitment Pty Ltd T/A Reliance Recruitment
(AG2016/4203)

RELIANCE RECRUITMENT ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 4 OCTOBER 2016

Application for approval of the Reliance Recruitment Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Reliance Recruitment Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Reliance Recruitment Pty Ltd T/A Reliance Recruitment. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reliance Recruitment Pty Ltd, trading as Reliance Recruitment, applied for approval of the Reliance Recruitment Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is Australia's workplace relations tribunal. The nature of the dispute was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to decide included whether the agreement was genuinely bargained, if it contained the mandated minimum entitlements, and if it complied with the procedural requirements. Specifically, the court examined if the agreement was made in good faith, if it provided for the minimum terms and conditions as per the Act, and if the necessary consultation and notification processes were followed.

In its decision, the Fair Work Commission found that the agreement was genuinely bargained, contained the required minimum terms, and was procedurally sound. The Commission was satisfied that the agreement was made in good faith and provided for all the mandated minimum entitlements. Additionally, the necessary consultation and notification processes were properly conducted. Consequently, the Fair Work Commission approved the application and registered the Reliance Recruitment Enterprise Agreement 2016. This approval ensures that the terms of the agreement are legally binding and enforceable for the parties involved.

Reliance Recruitment Pty Ltd T/A Reliance Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established