DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anderson Labour Services Pty Ltd
(AG2017/1426)

ANDERSON LABOUR SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 3 JULY 2017

Application for approval of the Anderson Labour Services Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ANDERSON LABOUR SERVICES 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 Anderson Labour Services Pty Ltd. 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.

[4] 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.

[5] The Agreement was approved on 3 July 2017 and, in accordance with s.54, will operate from 10 July 2017. 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

The applicant, Anderson Labour Services Pty Ltd, sought approval of the Metals Labour Hire Agreement 2016, which was intended to be a registered agreement under the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the agreement was not suitable for registration due to various issues with its content and process of formation. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement met the statutory criteria for registration, specifically whether it was in the best interests of the employees it covered and whether it was formed in accordance with the procedures set out in the Fair Work Act. The Commission needed to consider whether the agreement adequately represented the interests of the employees and whether the process of negotiation and consultation was fair and appropriate.

The Commission found that the agreement did meet the statutory criteria for registration. It concluded that the agreement was in the best interests of the employees, as it provided them with a fair and reasonable set of terms and conditions, and that the process of negotiation and consultation was appropriate and in line with the requirements of the Act. The opposition from the CFMEU did not succeed in demonstrating that the agreement should not be registered. The Commission approved the agreement, allowing it to be registered as a registered agreement under the Fair Work Act.

The Fair Work Commission approved the Metals Labour Hire Agreement 2016 as a registered agreement under the Fair Work Act 2009, dismissing the opposition from the CFMEU. The agreement is now legally binding on the parties involved, providing a framework for the employment terms and conditions of the employees covered by the agreement.

Anderson Labour Services 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