DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Worthwhile Recruiting Pty Ltd
(AG2021/3957)

WORTHWHILE RECRUITING (NSW) LIFT INDUSTRY ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 4 MARCH 2021

Application for approval of the Worthwhile Recruiting (NSW) Lift Industry Enterprise Agreement 2021.

[1] An application has been made for approval of a greenfields agreement known as the Worthwhile Recruiting (NSW) Lift Industry Enterprise Agreement 2021 (the Agreement). The application was made by Worthwhile Recruiting Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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] 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.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Worthwhile Recruiting Pty Ltd applied to the Fair Work Commission for the approval of the Worthwhile Recruiting (NSW) Lift Industry Enterprise Agreement 2021. The application was opposed by the Australian Workers’ Union (the Union). The dispute centred on the terms of the proposed enterprise agreement, specifically concerning pay rates and conditions for employees within the lift industry. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement was a genuine enterprise agreement, whether it contained the minimum terms and conditions as prescribed by the Fair Work Act, and whether it was in the best interests of the employees. The Commission also considered the Union's objections, focusing on the adequacy of the proposed pay rates and conditions. The Union argued that the agreement did not provide fair remuneration and conditions for the employees, contrary to the principles of the Fair Work Act.

The Commission found that the proposed agreement was a genuine enterprise agreement and contained the necessary minimum terms and conditions. It concluded that the agreement was fair and reasonable, taking into account the specific circumstances of the lift industry. The Commission held that the proposed pay rates and conditions were appropriate, balancing the interests of both employers and employees. The application was approved, and the Worthwhile Recruiting (NSW) Lift Industry Enterprise Agreement 2021 was registered.

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