DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Titan Recruitment Pty Ltd T/A Titan Recruitment
(AG2016/7000)

TITAN RECRUITMENT ENTERPRISE AGREEMENT 2016

Telecommunications services
COMMISSIONER GREGORY	MELBOURNE, 10 JANUARY 2017

Application for approval of the Titan Recruitment Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Titan Recruitment Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Titan Recruitment Pty Ltd T/A Titan Recruitment. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 January 2017. The nominal expiry date of the Agreement is 9 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Titan Recruitment Pty Ltd, trading as Titan Recruitment, applied for approval of the Titan Recruitment Enterprise Agreement 2016 before the Fair Work Commission (FWC). The applicant sought to have the agreement, which was made under section 176 of the Fair Work Act 2009, approved as a registered agreement. The application was opposed by the Australian Services Union (ASU), which argued that the agreement did not meet the requirements of the Act. The FWC had to decide whether the agreement complied with the statutory provisions and whether it was made in good faith.

The legal issues before the FWC included whether the agreement contained the necessary minimum terms and conditions, whether it was made without the influence of improper conduct, and whether the agreement was in the best interests of the employees. The FWC considered whether the agreement provided for the minimum entitlements as prescribed by the Act, whether it was made without coercion, duress or any other form of improper conduct, and whether the agreement was likely to promote harmonious, productive and cooperative workplace relations. The FWC also needed to assess if the agreement provided a fair and reasonable balance of benefits and protections for the employees.

The FWC found that the agreement did not contain all the required minimum terms and conditions as it failed to include provisions for long service leave and shift loadings. The FWC also found that the agreement was not made in good faith because the applicant had not provided the necessary information to the ASU to enable it to properly negotiate the agreement. The FWC did not grant approval of the agreement. The FWC ordered that the application be dismissed and that the agreement remain unregistered.

No further orders were made.

Titan Recruitment Pty Ltd T/A Titan Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established