DECISION

Fair Work Act 2009
s.185—Enterprise agreement

365 Labour Hire Pty Ltd
(AG2015/6558)

365 LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the 365 Labour Hire Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the 365 Labour Hire Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 365 Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 10 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

365 Labour Hire Pty Ltd was the subject of an application for approval of an enterprise agreement, the 365 Labour Hire Pty Ltd Enterprise Agreement 2015. The applicant, the Australian Building and Construction Commission, sought the Federal Circuit and Family Court’s approval of the agreement. The dispute arose from the need to ensure that the proposed agreement complied with the Fair Work Act 2009.

The central legal issues the court had to address were whether the agreement met the mandatory requirements of the Fair Work Act and whether it was made in accordance with the processes outlined in the legislation. Specifically, the court needed to determine if the agreement was genuinely a product of free and voluntary negotiation and if it included all the prescribed minimum terms and conditions of employment.

The court examined the processes that led to the formation of the agreement, confirming that the negotiations were conducted in good faith and involved genuine bargaining. The court also verified that the agreement contained all the required minimum terms and conditions as stipulated by the Fair Work Act. After thorough consideration, the court was satisfied that the agreement met all the statutory requirements and was properly made. The court approved the enterprise agreement, acknowledging that it adhered to the legal standards set forth in the Fair Work Act.

The final order was the approval of the 365 Labour Hire Pty Ltd Enterprise Agreement 2015, recognising it as meeting the necessary legal criteria for enforcement.

365 Labour Hire 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