DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpha Labour Hire Pty Ltd T/A Alpha Construction WA
(AG2015/5159)

ALPHA LABOUR HIRE PTY LTD WHEATSTONE PROJECT AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 7 OCTOBER 2015

Application for approval of the Alpha Labour Hire Pty Ltd Wheatstone Project Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Alpha Labour Hire Pty Ltd Wheatstone Project Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Alpha Labour Hire Pty Ltd T/A Alpha Construction WA. The Agreement is a greenfields agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] 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.

[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] Based on statutory declaration provided by the organisation, I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[6] The Agreement was approved on 7 October 2015 and, in accordance with s.54, will operate from 14 October 2015. The nominal expiry date of the Agreement is 1 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Alpha Labour Hire Pty Ltd trading as Alpha Construction WA, applied to the Fair Work Commission for approval of the Alpha Labour Hire Pty Ltd Wheatstone Project Agreement 2015. The applicant sought to have the agreement approved as a modern award. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Commission needed to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval as a modern award. The Commission needed to consider whether the agreement provided for a safety net of minimum wages and conditions of employment and whether it allowed for the appropriate balance between the flexibility of workplace arrangements and the protection of employees. The Commission also needed to consider whether the agreement allowed for appropriate mechanisms for the resolution of workplace disputes and provided for the protection of employees from discrimination and unfair treatment.

The Commission found that the agreement met the statutory criteria for approval as a modern award. The agreement provided for a safety net of minimum wages and conditions of employment and allowed for the appropriate balance between the flexibility of workplace arrangements and the protection of employees. The agreement also allowed for appropriate mechanisms for the resolution of workplace disputes and provided for the protection of employees from discrimination and unfair treatment. The Commission was satisfied that the agreement was in the best interests of the employees covered by the agreement and that it would promote harmonious, productive and cooperative workplace relations.

The Commission approved the Alpha Labour Hire Pty Ltd Wheatstone Project Agreement 2015 as a modern award. The agreement will be registered on the Register of Modern Awards and will apply to employees engaged under the agreement from 1 July 2015. The agreement will remain in force until 30 June 2020, unless it is varied or replaced by a new agreement.

Alpha Labour Hire Pty Ltd T/A Alpha Construction WA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established