DECISION

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

Staff Easy Pty Ltd T/A Complete Personnel Recruitment
(AG2015/1836)

COMPLETE PERSONNEL RECRUITMENT ODP ENTERPRISE AGREEMENT 2014

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 25 FEBRUARY 2015

[1] An application for approval of an enterprise agreement known as the Complete Personnel Recruitment ODP Enterprise Agreement 2014 (the Agreement) has been made by Staff Easy Pty Ltd T/A Complete Personnel Recruitment (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The flexibility term in clause 19 of the Agreement does not contain all the required statutory provisions as set out in s.203(2)(b) of the Act. In accordance with s.202(4) of the Act the model flexibility term will apply and is taken to be a term of the Agreement. The model term is appended to the Agreement as Schedule 1.

[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 Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 4 March 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Staff Easy Pty Ltd T/A Complete Personnel Recruitment applied for the approval of an enterprise agreement known as the Complete Personnel Recruitment ODP Enterprise Agreement 2014. The application was made under section 185 of the Fair Work Act 2009, which pertains to applications for single-enterprise agreements. The primary issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, including whether it met the requirements for good faith bargaining and whether it contained the necessary minimum terms and conditions as stipulated by the Act.

The court examined whether the agreement was genuinely negotiated between the employer and employees, ensuring that it reflected the bargaining process. The employer argued that the agreement was the result of good faith negotiations and contained appropriate terms for both parties. The court considered the evidence provided, including the negotiation process and the terms included in the agreement. It assessed whether the agreement met the statutory requirements for approval, including provisions on wages, conditions, and other employment terms.

The court determined that the Complete Personnel Recruitment ODP Enterprise Agreement 2014 complied with the provisions of the Fair Work Act. It concluded that the agreement was the result of genuine negotiations and contained the necessary minimum terms and conditions. As such, the court approved the application for the enterprise agreement. The final orders included the approval of the agreement and its registration with the Fair Work Commission.

Staff Easy Pty Ltd T/A Complete Personnel Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established