DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Recruitment and Labour Services Pty Ltd T/A Workforce International Group
(AG2019/2505)

WORKFORCE INTERNATIONAL AND THE AUSTRALIAN WORKERS UNION PAX ENTERPRISE AGREEMENT 2019

Pharmaceutical industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 AUGUST 2019

Application for approval of the Workforce International and the Australian Workers Union PAX Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International and the Australian Workers Union PAX Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (NSW Branch) being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 August 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment and Labour Services Pty Ltd, trading as Workforce International Group, sought approval of a new enterprise agreement with the Australian Workers Union. The application was before the Fair Work Commission, the body responsible for approving enterprise agreements in Australia. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, specifically whether the agreement had been genuinely negotiated and whether it included the necessary minimum terms and conditions for employees.

The court had to determine if the agreement had been genuinely bargained and whether it contained the requisite minimum terms. This involved examining the process by which the agreement was negotiated, including the timeliness of the notification to employees and the provision of relevant information. The court also needed to verify that the agreement included all necessary minimum terms, such as pay rates, hours of work, and leave entitlements.

The Fair Work Commission assessed the evidence provided by the parties, including the negotiation process and the contents of the agreement. The Commission found that the agreement had been genuinely negotiated and that it contained all the required minimum terms. The evidence demonstrated that the negotiation process was robust and that all parties had been given adequate opportunity to participate. The Commission concluded that the agreement was in compliance with the Fair Work Act and approved it. The approval was granted, allowing the enterprise agreement to come into effect as negotiated.

Workforce Recruitment and Labour Services Pty Ltd T/A Workforce International Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established