DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Anderson Labour Services Pty Ltd
(AG2017/1439)

ANDERSON LABOUR SERVICES PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 5 MAY 2017

Application for approval of the Anderson Labour Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Anderson Labour Services Pty Ltd and AMWU Metal Engineering On-Site Construction 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 Anderson Labour Services 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 “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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 May 2017. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Anderson Labour Services Pty Ltd, and the Australian Manufacturing Workers' Union sought approval of their 2014 On-Site Construction Agreement from the Fair Work Commission. The respondents to the application, various employer associations and construction industry unions, argued that the agreement was unfair and did not comply with relevant legislative provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement adequately protected the rights and interests of employees, ensured fair wages and conditions, and aligned with the principles of the Fair Work Act. The respondents contended that the agreement provided inadequate protection for workers, failed to meet minimum wage rates, and allowed for the imposition of unreasonable conditions. The applicants, on the other hand, argued that the agreement was fair, balanced, and in compliance with the Act.

The Commission found that the agreement did not adequately protect employees' rights and interests, particularly in relation to wages and conditions. The agreement allowed for the imposition of wages below the relevant award rates, which the Commission deemed to be unfair. Additionally, the agreement did not provide sufficient protections for employees in terms of working hours, leave entitlements, and other conditions of employment. As a result, the Commission refused to approve the agreement.

The Fair Work Commission refused to approve the Anderson Labour Services Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014, citing its failure to adequately protect employees' rights and interests, as well as its non-compliance with the Fair Work Act. The Commission emphasised the importance of ensuring fair wages and conditions for all employees, and highlighted the need for any future agreement to address the deficiencies identified in this case.

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