Action Job Support Pty Ltd

[2014] FWCA 2842

[2014] FWCA 2842

FAIR WORK COMMISSION

DECISION

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

Action Job Support Pty Ltd
(AG2014/909)

ACTION JOB SUPPORT PTY LTD AND NATIONAL UNION OF WORKERS COLLECTIVE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 30 APRIL 2014

Application for approval of the Action Job Support Pty Ltd and National Union of Workers Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Action Job Support Pty Ltd and National Union of Workers Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Action Job Support Pty Ltd (the Applicant). The agreement is a greenfields agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 24 April 2014. On 28 April 2014 I received a signed undertaking in response to the queries from Paul Rixon, CEO Labour Hire Division. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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 National Union of Workers 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.

[6] Pursuant to s.53(2)(b) I note the Agreement was made with the National Union of Workers and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2014. The nominal expiry date of the Agreement is 7 November 2014.

COMMISSIONER

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