DECISION

Fair Work Act 2009
s.185—Enterprise agreement

3 Point Engineering Pty Ltd
(AG2018/5035)

3 POINT ENGINEERING PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER BISSETT	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the 3 POINT ENGINEERING PTY LTD Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the 3 POINT ENGINEERING PTY LTD Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 3 Point Engineering Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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.

[6] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court, the case of 3 Point Engineering Pty Ltd was brought forth for the consideration of the approval of the 3 POINT ENGINEERING PTY LTD Metals Labour Hire Agreement 2016. The applicant, 3 Point Engineering Pty Ltd, sought the court's endorsement of the agreement, which would establish the terms under which workers would be hired through the company. The dispute centred on whether the agreement adequately met the legal requirements for labour hire agreements in the context of the Fair Work Act 2009.

The primary legal issue the court had to address was whether the proposed agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. This involved scrutinising the agreement to ensure that it met the criteria for a valid labour hire agreement, including the provision of fair and reasonable terms that protected the workers' rights and interests. The court examined whether the agreement correctly identified the labour hirer, the labour hiree, and the end-user employer, and whether it included the necessary details such as the duration of the hire, the nature of the work, and the rates of pay.

The court found that the 3 POINT ENGINEERING PTY LTD Metals Labour Hire Agreement 2016 met the legislative requirements for a valid labour hire agreement. The agreement was deemed to be fair and reasonable, providing adequate protections for the workers engaged through the company. The court was satisfied that all necessary details were included and that the agreement correctly identified the parties involved in the labour hire arrangement. Consequently, the court approved the agreement, enabling 3 Point Engineering Pty Ltd to proceed with the terms outlined in the agreement.

3 Point Engineering 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