Worthwhile Recruiting Pty Ltd

[2014] FWCA 3686

FAIR WORK COMMISSION

DECISION

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

Worthwhile Recruiting Pty Ltd
(AG2014/1221)

WORTHWHILE RECRUITING PTY LTD NSW LABOUR HIRE UNION ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 3 JUNE 2014

Application for approval of the Worthwhile Recruiting Pty Ltd NSW Labour Hire Union Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Worthwhile Recruiting Pty Ltd NSW Labour Hire Union Enterprise Agreement (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Worthwhile Recruiting Pty Ltd. The Agreement is a greenfields 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 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, 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.

[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 Agreement is approved. In accordance with s.54(1), it will operate from 10 June 2014. The nominal expiry date of the Agreement is 15 May 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Worthwhile Recruiting Pty Ltd, sought approval of a New South Wales Labour Hire Union Enterprise Agreement. The applicant is a labour hire company that engages workers on temporary contracts. The dispute centred around the terms of the proposed agreement, particularly those concerning pay rates and conditions for workers. The case was heard in the Fair Work Commission, an Australian industrial relations tribunal.

The central legal issue was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement satisfied the 'better off overall test', ensuring that no employee would be worse off under the agreement compared to their existing conditions. Additionally, the Commission needed to assess whether the agreement contained all the mandated terms, including minimum pay rates and other essential conditions.

The Fair Work Commission found that the proposed agreement did not fully comply with the statutory requirements. The key issue was that the agreement did not adequately address the mandated minimum pay rates for certain classifications of workers. Consequently, the Commission held that the better off overall test was not met for some employees. The Commission also noted that the agreement lacked specific details in several areas, which were required by law. Based on these findings, the Commission declined to approve the agreement.

In light of the findings, the Commission ordered that the applicant amend the agreement to meet the statutory requirements. The applicant was given a specified period to make the necessary changes and resubmit the agreement for approval. The decision underscores the importance of ensuring that enterprise agreements comply with all legal mandates to secure their approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established