DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Labour Hire Services Pty Ltd
(AG2016/7682)

APEX LABOUR HIRE SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	SYDNEY, 24 MARCH 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Apex Labour Hire 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 Apex Labour Hire 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 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

Apex Labour Hire Services Pty Ltd applied for approval of a new enterprise agreement. The applicant is a labour hire company in the metals and engineering industry. The Australian Building and Construction Commission opposed the application, arguing that the agreement was not in the best interests of the employees. The Fair Work Commission was the court in this case.

The legal issues the court had to decide were whether the agreement was in the best interests of the employees and whether the agreement complied with the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and that it complied with the Act. The Commission argued that the agreement did not adequately protect the employees' interests.

The court held that the agreement was not in the best interests of the employees. The court found that the agreement did not provide adequate protections for employees in terms of pay, leave, and other entitlements. The court also found that the agreement did not adequately address issues such as casual conversion and the protection of employees' rights. The court held that the agreement did not comply with the Act and refused to approve it.

The court ordered that the application for approval of the agreement be dismissed. The court found that the agreement did not meet the requirements of the Act and was not in the best interests of the employees. The court held that the agreement was not suitable for approval and that it would not be in the best interests of the employees to approve it. The court's decision was final and binding on the parties.

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