DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Labour Hire Services Pty Ltd
(AG2019/4046)

AMWU AND APEX LABOUR HIRE SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 20 NOVEMBER 2019

Application for approval of the AMWU and Apex Labour Hire Services Pty Ltd Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Apex Labour Hire Services Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Apex Labour Hire 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 27 November 2019. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Building and Construction Commission (ABCC) applied for the approval of the Australian Manufacturing Workers' Union (AMWU) and Apex Labour Hire Services Pty Ltd Metals Labour Hire Agreement 2019-2023. The Commission claimed the Agreement was made in contravention of section 237 of the Fair Work Act 2009 (Cth) because it included provisions which were contrary to the objects of the Act. The application was heard by the Full Bench of the Fair Work Commission. The legal issue for the Court was whether the Agreement contravened the objects of the Fair Work Act by including provisions that were contrary to the public interest. The Court found that the Agreement did include provisions which were contrary to the objects of the Fair Work Act, however the Court exercised its discretion under section 237(2) of the Fair Work Act not to make an order of non-approval. Instead, the Court made an order approving the Agreement with modifications to remove the offending provisions. The Court found that the modifications were sufficient to remove the contraventions and that the Agreement could be approved with those modifications. The Court ordered that the Agreement be approved with modifications to remove the offending provisions.

Apex Labour Hire 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