DECISION

Fair Work Act 2009
s.185—Enterprise agreement

All Force Labour Solutions Pty Ltd T/A All Force Labour Solutions
(AG2016/1171)

ALL FORCE LABOUR SOLUTIONS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the All Force Labour Solutions Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the All Force Labour Solutions Enterprise 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 All Force Labour Solutions Pty Ltd T/A All Force Labour Solutions. The Agreement is a single enterprise agreement.

[2] The Applicant 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] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 1 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved All Force Labour Solutions Pty Ltd, trading as All Force Labour Solutions, which applied for approval of the All Force Labour Solutions Enterprise Agreement 2016. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was made in good faith and contained the necessary minimum terms and conditions. The Commission was required to determine the validity of the agreement and the process by which it was made.

The legal issues that the Commission needed to address included whether the agreement was made in accordance with the statutory provisions for enterprise agreements, specifically whether the agreement was negotiated in good faith and whether it contained the minimum terms and conditions mandated by the Act. Additionally, the Commission had to consider whether the appropriate consultation and notification processes were followed, and whether the agreement was properly certified by the Australian Building and Construction Commission.

The Commission found that the agreement was validly made and met all the statutory requirements. It was concluded that the agreement was negotiated in good faith, contained all the necessary minimum terms, and adhered to the procedural obligations under the Act. The Commission also noted that the parties had engaged in appropriate consultation and that the agreement was duly certified. As a result, the application for approval of the enterprise agreement was successful.

The Fair Work Commission approved the All Force Labour Solutions Enterprise Agreement 2016, affirming its compliance with the Fair Work Act 2009. The decision recognised the agreement as a bona fide enterprise agreement, legally binding on the parties involved. The Commission's ruling ensured that the terms of the agreement would govern the employment conditions of the employees covered by the enterprise agreement, subject to the provisions of the Act.

All Force Labour Solutions Pty Ltd T/A All Force Labour Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established