Workforce Recruitment & Labour Services Pty Ltd Summary

[2014] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Workforce Recruitment & Labour Services Pty Ltd
(AG2014/111)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD AND THE AUSTRALIAN WORKERS' UNION, NEWCASTLE, CENTRAL COAST AND NORTHERN REGIONS BRANCH - MAJOR PROJECTS CIVIL CONSTRUCTION COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 17 FEBRUARY 2014

Application for approval of the Workforce Recruitment & Labour Services Pty Ltd and The Australian Workers' Union, Newcastle, Central Coast and Northern Regions Branch - Major Projects Civil Construction Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known asthe Workforce Recruitment & Labour Services Pty Ltd and The Australian Workers' Union, Newcastle, Central Coast and Northern Regions Branch - Major Projects Civil Construction Collective 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 Workforce Recruitment & Labour Services Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

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

[3] The Australian Workers’ Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment & Labour Services Pty Ltd applied to the Fair Work Commission for approval of a new collective agreement. The Australian Workers' Union, Newcastle, Central Coast and Northern Regions Branch intervened in support of the application. The dispute arose in the context of the Fair Work Act 2009, specifically concerning the approval of a new Major Projects Civil Construction Collective Agreement 2014. The key issue before the Commission was whether the agreement met the statutory requirements for approval and if it provided for fair and equitable terms and conditions of employment.

The Commission examined the provisions of the proposed agreement and the process by which it was negotiated. It considered whether the agreement had been made in accordance with the principles of good faith bargaining and whether it contained terms that were fair and reasonable. The Commission also assessed the impact of the agreement on employees, including whether it provided adequate protections and benefits. The parties presented evidence and arguments regarding the fairness and reasonableness of the agreement's terms.

After considering the submissions and evidence, the Commission determined that the proposed agreement was fair and reasonable and complied with the statutory requirements. The Commission found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable for the employees. The Commission approved the Major Projects Civil Construction Collective Agreement 2014, and it became effective upon the Commission's decision. The decision was made in accordance with the Fair Work Act 2009, ensuring that the agreement provided for fair and equitable terms and conditions of employment.

Workforce Recruitment & Labour Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established