Request Personnel Pty Ltd Summary

[2014] FWCA 7443

FAIR WORK COMMISSION

DECISION

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

Request Personnel Pty Ltd
(AG2014/8719)

REQUEST GROUP ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 OCTOBER 2014

Application for approval of the Request Group Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Request Group Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Request Personnel Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 October 2014. The nominal expiry date of the Agreement is 20 October 2018.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Request Personnel Pty Ltd sought approval of the Request Group Enterprise Agreement 2014, which it had negotiated with a trade union. The applicant argued that the agreement satisfied the necessary legal criteria for approval under the Fair Work Act 2009. The application was opposed by a number of employees and trade unions on the basis that the agreement did not meet the relevant standards and therefore should not be approved.

The court was required to determine whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements of the Act. The court also had to consider whether the agreement met the standards set out in the Act for enterprise agreements.

The court found that the agreement was fair and reasonable, and met the procedural requirements of the Act. The court also found that the agreement met the standards set out in the Act, and was in the interests of the employees. The court noted that the agreement provided for a number of benefits for employees, including increased wages and improved working conditions, and that the agreement had been negotiated in good faith. The court also found that the agreement complied with the procedural requirements of the Act, including the requirement for the agreement to be certified by the Fair Work Commission.

The court approved the Request Group Enterprise Agreement 2014, and ordered that it be registered with the Fair Work Commission. The court also ordered that the agreement would be binding on all employees covered by the agreement, and that it would remain in force until it was terminated or replaced by a new agreement.

Request Personnel Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established