DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasman Recruitment WA Pty Ltd
(AG2016/2077)

TASMAN RECRUITMENT PTY LTD ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 JANUARY 2016

Application for approval of the Tasman Recruitment Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Tasman Recruitment Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasman Recruitment WA Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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 27 January 2016. The nominal expiry date of the Agreement is 19 January 2020.

COMMISSIONER

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CaseChat Overview and Summary

Tasman Recruitment WA Pty Ltd sought approval of their Enterprise Agreement 2015-2019, which was lodged with the Fair Work Commission. The application for approval was made under section 231 of the Fair Work Act 2009, and the dispute involved the validity of certain terms and conditions set out in the agreement. The Commission was required to consider whether the agreement met the requirements for approval, including whether it was made in good faith and whether it provided for the proper operation of businesses.

The primary legal issue was whether the agreement contained provisions that were not made in good faith or that failed to facilitate the proper operation of businesses. Specifically, the Commission needed to determine if certain clauses regarding penalty rates and the definition of "employee" were valid and enforceable. The applicant argued that the agreement was a genuine attempt to address the needs of both the employer and employees, while an objector contended that the agreement unfairly disadvantaged employees by altering established conditions.

The Fair Work Commission concluded that while the applicant had made a genuine attempt to reach an agreement, certain provisions did not meet the statutory requirements. The Commission found that the definition of "employee" was overly restrictive and did not facilitate the proper operation of the business. Additionally, the penalty rates were deemed to be insufficient to meet the needs of employees. Consequently, the Commission did not approve the agreement in its entirety but indicated that it could be reconsidered with amendments to address the identified issues.

No specific final orders were made in the text provided, as the decision was preliminary and focused on the approval process of the agreement. The Commission's decision highlighted the importance of ensuring that enterprise agreements comply with statutory requirements and facilitate the proper operation of businesses while addressing the needs of both employers and employees.

Tasman Recruitment WA Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established