24/7 Labour Pty Ltd

Case [2024] FWCA 1986
[2024] FWCA 1986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

24/7 Labour Pty Ltd

(AG2024/1787)

24/7 LABOUR QLD GREENFIELDS AGREEMENT 2024

Building, metal and civil construction industries

COMMISSIONER DURHAM

BRISBANE, 30 MAY 2024

Application for approval of the 24/7 Labour QLD Greenfields Agreement 2024

  1. An application has been made for the approval of a greenfields agreement known as the 24/7 Labour QLD Greenfields Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 24/7 Labour Pty Ltd (the Applicant).

  2. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

  1. I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

  1. In accordance with s. 187(5)(a) of the Act, I am satisfied that the Australian Workers’ Union (the AWU) 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.

  1. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

  2. The Agreement is approved and will operate in accordance with s.54 of the Act.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE524831  PR775522>

Details
AGLC
24/7 Labour Pty Ltd [2024] FWCA 1986
Case
[2024] FWCA 1986
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, 24/7 Labour Pty Ltd sought approval for the 24/7 Labour QLD Greenfields Agreement 2024. The dispute centred on the fairness and appropriateness of the agreement terms for the employees covered by it. The Commission needed to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or the National Employment Standards. The Commission also needed to consider whether the agreement had been made in accordance with the procedural requirements of the Act, including the requirement for genuine consultation and whether the agreement was in the public interest.

The Commission found that the agreement met the requirements for approval. It concluded that the terms and conditions of the agreement were no less favourable than the applicable awards and the NES. The Commission was satisfied that the agreement had been made following the necessary consultation process and that it was in the public interest. The Commission approved the agreement, highlighting the importance of the agreement in providing a framework for the orderly resolution of workplace issues between the parties.

The Fair Work Commission approved the 24/7 Labour QLD Greenfields Agreement 2024, recognising its compliance with statutory requirements and its positive contribution to the industrial relations landscape.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.