Summit Recruitment Pty Ltd

[2022] FWCA 1367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Summit Recruitment Pty Ltd

(AG2022/1141)

Summit Recruitment Vic Pty Ltd & The Australian Workers' Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 20 APRIL 2022

Application for approval of the Summit Recruitment Vic Pty Ltd & The Australian Workers' Union Agreement 2022

An application has been made for approval of an enterprise agreement known as the Summit Recruitment Vic Pty Ltd & The Australian Workers' Union Agreement 2022 (the Agreement) pursuant to s.182(4) of the Fair Work Act 2009 (the Act) by Summit Recruitment Pty Ltd. The agreement is a single enterprise agreement that is a greenfields agreement.

The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (AWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

Pursuant to s.53(2)(b) of the Act I note that the Agreement was made with the Australian Workers’ Union (AWU) and that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.

I am satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Summit Recruitment Pty Ltd and the Australian Workers' Union sought approval of their 2022 agreement under the Fair Work Act 2009. The dispute involved the terms of the proposed agreement, which the Australian Chamber of Commerce and Industry challenged. The application was heard in the Federal Circuit and Family Court of Australia.

The primary legal issue before the court was whether the proposed agreement met the requirements of the Fair Work Act, particularly in relation to its coverage of employees, the provisions for dispute resolution, and its compliance with the objectives of the Act. The court had to determine if the agreement was in the best interests of the employees it covered and if it adhered to the Act's provisions.

The court examined the provisions of the agreement and considered the submissions from both parties. It found that the agreement adequately covered the intended employees and provided appropriate mechanisms for resolving disputes. The court concluded that the agreement was consistent with the objectives of the Fair Work Act and would serve the best interests of the employees involved. As a result, the court approved the agreement.

The final orders of the court were that the 2022 agreement between Summit Recruitment Pty Ltd and the Australian Workers' Union be approved and registered under the Fair Work Act. The agreement was to be effective from the date of the court's decision, and the terms and conditions set out in the agreement were to apply to the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established