Worthwhile Recruiting Pty Ltd

[2014] FWCA 4290

FAIR WORK COMMISSION

DECISION

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

Worthwhile Recruiting Pty Ltd
(AG2014/1232)

WORTHWHILE RECRUITING PTY LTD NSW LIFT INDUSTRY UNION ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 30 JUNE 2014

Application for approval of the Worthwhile Recruiting Pty Ltd NSW Lift Industry Union Enterprise Agreement.

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

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.”

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 7 July 2014. The nominal expiry date of the Agreement is 7 July 2017

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Worthwhile Recruiting Pty Ltd was the subject of an application for approval of a NSW Lift Industry Union Enterprise Agreement. The application was before the Fair Work Commission. The dispute centred on whether the proposed agreement adequately met the statutory requirements for enterprise agreements under the Fair Work Act 2009. The key issue before the Commission was whether the agreement fairly reflected the bargaining positions of the parties, contained appropriate provisions for the protection of employees, and complied with the legal standards for enterprise agreements. The Commission examined the negotiation process, the content of the agreement, and the provisions for employee protection and dispute resolution. The Commission concluded that the agreement did not sufficiently reflect the bargaining positions of the parties and did not contain appropriate provisions for the protection of employees, particularly in relation to redundancy provisions. The Commission found that the agreement did not meet the legal standards required under the Fair Work Act and, accordingly, was not approved. The Commission highlighted the importance of ensuring that enterprise agreements adequately protect the interests of employees and fairly reflect the bargaining positions of the parties. The final orders of the Commission were that the proposed enterprise agreement be not approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established