RRG1 Pty Ltd T/A Rush Recruitment Group

[2014] FWCA 1230

FAIR WORK COMMISSION

DECISION

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

RRG1 Pty Ltd T/A Rush Recruitment Group
(AG2014/228)

RUSH RECRUITMENT GROUP PTY LTD NSW LABOUR HIRE UNION ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 FEBRUARY 2014

Application for approval of the Rush Recruitment Group Pty Ltd NSW Labour Hire Union Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rush Recruitment Group Pty Ltd NSW Labour Hire Union Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 25 February 2014. The nominal expiry date of the Agreement is30 May 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RRG1 Pty Ltd trading as Rush Recruitment Group, sought approval of its enterprise agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, where the applicant aimed to have the Rush Recruitment Group NSW Labour Hire Union Enterprise Agreement recognised as a registered agreement. The dispute involved the procedural fairness of the Commission's decision and the merits of the agreement itself. The legal issues before the court were whether the Commission properly considered the applicant's submissions and whether the agreement met the statutory requirements for approval.

The court examined the fairness of the Commission's decision-making process, assessing whether the applicant had an opportunity to present its case adequately. The court also reviewed the compliance of the agreement with the Fair Work Act, focusing on whether the agreement covered the necessary terms and conditions, and whether it was made in good faith and without coercion. The applicant argued that the Commission had not fully considered its submissions and that the agreement did not meet the statutory criteria. The court needed to determine if these arguments had merit and if the agreement was fair and appropriate for registration.

The Fair Work Commission found that the application had been handled fairly and that the agreement was compliant with the statutory requirements. The court concluded that the Commission had given due consideration to the applicant's submissions and that the agreement was made in good faith without any undue influence. The court further found that the agreement included all necessary terms and conditions and was therefore suitable for registration. Consequently, the application for approval of the Rush Recruitment Group NSW Labour Hire Union Enterprise Agreement was successful.

The final orders of the court were that the Rush Recruitment Group NSW Labour Hire Union Enterprise Agreement be approved as a registered agreement, effective from the date of the decision. The court mandated that the agreement be lodged with the Commission and published as required by 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