DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Worthwhile Recruiting Pty Ltd
(AG2020/1466)

WORTHWHILE RECRUITING PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2020

Application for approval of the Worthwhile Recruiting Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[1] Worthwhile Recruiting Pty Ltd has made an application for approval of a greenfields agreement known as the Worthwhile Recruiting Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 12 June 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Worthwhile Recruiting Pty Ltd is the applicant in this matter, seeking approval for the Worthwhile Recruiting Pty Ltd and ETU Sydney Construction Enterprise Agreement 2020. The application is before the Fair Work Commission, which must determine whether the proposed agreement should be approved under the Fair Work Act 2009. The legal issues before the Commission involve whether the proposed agreement meets the requirements for approval, including whether it provides for the "better off overall test", is genuinely an enterprise agreement, and does not contain any provisions that are contrary to public policy.

The Fair Work Commission considered whether the proposed agreement satisfied the "better off overall test" under section 235 of the Fair Work Act. The Commission assessed the financial and non-financial benefits of the agreement against the current award conditions and determined that employees would be better off overall if the agreement was approved. The Commission also considered whether the agreement was genuinely an enterprise agreement and whether it complied with the other requirements for approval under the Fair Work Act. The Commission found that the proposed agreement met all the necessary criteria for approval.

As a result, the Fair Work Commission approved the Worthwhile Recruiting Pty Ltd and ETU Sydney Construction Enterprise Agreement 2020. The agreement is now registered and in effect, providing a new framework for the employment conditions of the relevant employees. This decision ensures that the agreement's provisions will apply to the parties involved and will be enforceable under the Fair Work Act. The approval of the agreement reflects the Commission's determination that it meets the necessary requirements and provides benefits to the employees.

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