DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Unlimited Recruitment Pty Ltd
(AG2015/2176)

UNLIMITED RECRUITMENT PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 23 MARCH 2015

Application for approval of the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Unlimited Recruitment 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 23 March 2015 and, in accordance with s.54, will operate from 30 March 2015. The nominal expiry date of the Agreement is 29 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Unlimited Recruitment Pty Ltd, sought approval of the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014 from the Fair Work Commission. The applicant argued that the agreement was necessary to ensure the smooth operation of its business and to provide a fair and flexible workplace for its employees. The dispute arose from negotiations between the applicant and the union representing the employees, which resulted in the proposed agreement. The matter was heard by the Fair Work Commission, which had jurisdiction to consider the application under the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the agreement met the requirements of the Fair Work Act, particularly in relation to the provisions on minimum entitlements, procedural fairness, and the good faith bargaining process. The Commission needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether the negotiation process was conducted in good faith. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the applicant.

In reaching its decision, the Fair Work Commission examined the proposed agreement and the evidence provided by both parties. The Commission found that the agreement contained provisions that met the minimum entitlements required by the Fair Work Act, and that the negotiation process was conducted in good faith. The Commission also considered the potential benefits of the agreement for both the employees and the applicant, including improved workplace flexibility and reduced industrial disputes. Based on this analysis, the Commission approved the application and authorised the agreement to come into effect.

The Fair Work Commission approved the Unlimited Recruitment Pty Ltd Enterprise Agreement 2014, subject to certain modifications to ensure compliance with the Fair Work Act. The applicant and the union were directed to implement the agreement and notify the Commission of its operation. The decision provides guidance on the requirements for approving enterprise agreements and the importance of good faith bargaining in the negotiation process.

Unlimited Recruitment 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