DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Worthwhile Recruiting Pty Ltd
(AG2020/1082)

WORTHWHILE RECRUITING PTY LTD, LIFT INDUSTRY ENTERPRISE AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 19 JUNE 2020

Application for approval of the Worthwhile Recruiting Pty Ltd, Lift Industry Enterprise Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the Worthwhile Recruiting Pty Ltd, Lift Industry Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Worthwhile Recruiting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a tern of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Union (‘CEPU’) and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (‘AMWU’) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 June 2020. The nominal expiry date of the Agreement is 30 June 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Worthwhile Recruiting Pty Ltd has applied to the Fair Work Commission for the approval of the Worthwhile Recruiting Pty Ltd, Lift Industry Enterprise Agreement 2020-2023. The application was made by the employer, Worthwhile Recruiting Pty Ltd, and the relevant union, the United Workers Union, representing the employees. The dispute revolves around the terms and conditions of employment within the lift industry, specifically for the period from 2020 to 2023.

The legal issues before the court centred on whether the agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement complied with the procedural and substantive provisions of the Act, including whether it was made in good faith and if it met the genuine agreement test. The court also had to consider if the agreement provided for a safety net of minimum wages and conditions, and if it included provisions that were not detrimental to employees.

The Fair Work Commission examined the evidence presented by both parties and considered the provisions of the agreement. It found that the agreement was made in good faith and met the genuine agreement test. The court also determined that the agreement provided for a safety net of minimum wages and conditions and did not include any provisions that were detrimental to employees. Therefore, the application for approval was successful.

The Fair Work Commission approved the Worthwhile Recruiting Pty Ltd, Lift Industry Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement now governs the terms and conditions of employment for the employees within the lift industry for the specified period.

Worthwhile Recruiting 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