Workforce Solutions C2C Pty Ltd

[2014] FWCA 8068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Solutions C2C Pty Ltd
(AG2014/8014)

THE WORKFORCE SOLUTIONS C2C ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 12 NOVEMBER 2014

Application for approval of The Workforce Solutions C2C Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as The Workforce Solutions C2C 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 Workforce Solutions C2C 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 was approved on 12 November 2014 and, in accordance with s.54, will operate from 19 November 2014. The nominal expiry date of the Agreement is 19 November 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Workforce Solutions C2C Pty Ltd sought approval of the Workforce Solutions C2C Enterprise Agreement 2014. The application was made to the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria under the Fair Work Act 2009. The primary dispute revolved around whether the agreement provided for the proper bargaining of terms and conditions of employment, including the rates of pay and classification of employees.

The legal issues before the Commission involved verifying that the agreement was made in good faith, involved proper representation, and contained provisions that were fair and reasonable. The Commission had to ensure that the agreement did not discriminate against any class of employees and that it complied with the statutory requirements set out in the Fair Work Act. The dispute also included whether the agreement adequately addressed the procedural fairness and the balance of power between the employer and the employees.

In examining these issues, the Commission considered the evidence presented by both parties and assessed the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith, involved appropriate representation, and contained terms that were fair and reasonable. The Commission was satisfied that the agreement did not discriminate against any class of employees and complied with the statutory requirements. The procedural fairness of the agreement was upheld, and the balance of power between the employer and employees was deemed appropriate.

The Fair Work Commission approved the Workforce Solutions C2C Enterprise Agreement 2014, recognising its compliance with the necessary legislative criteria. The Commission's decision was based on the evidence of good faith bargaining, proper representation, and the fairness of the agreement's terms. This approval ensures that the agreement will govern the employment conditions of the relevant workforce, subject to the provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established