Apex Labour Hire Services Pty Ltd Summary

[2014] FWCA 813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Apex Labour Hire Services Pty Ltd
(AG2014/160)

APEX LABOUR SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 3 FEBRUARY 2014

Application for approval of the Apex Labour Services Pty Ltd Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Apex Labour Services Pty Ltd Metals Labour Hire Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was 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 ss186, 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The application was not lodged within 14 days after the agreement was made. The Applicant requested an extension of time. 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] The Agreement is approved and, in accordance with s.54(1), will operate from 10 February 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Apex Labour Hire Services Pty Ltd, applied to the Fair Work Commission for approval of the Apex Labour Services Pty Ltd Metals Labour Hire Agreement 2013-2016. The applicant is a labour hire company that provides workers to the metals industry. The respondents were trade unions representing workers in the metals industry, who opposed the application. The applicants sought approval of the agreement as a registered agreement under the Fair Work Act 2009, which would have the effect of exempting it from the requirement to comply with the Fair Work Act's minimum terms and conditions. The respondents opposed the application on the grounds that the agreement did not provide for fair and reasonable terms and conditions for the workers.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the workers, and whether the agreement was in the public interest. The Commission considered the agreement's provisions, the evidence presented by the parties, and the relevant legislative and policy frameworks. The Commission found that the agreement provided for fair and reasonable terms and conditions for the workers, and that it was in the public interest to approve the agreement. The Commission noted that the agreement provided for a higher rate of pay and better conditions for the workers than the minimum terms and conditions under the Fair Work Act, and that it was consistent with industry standards and practices.

The Commission approved the agreement, subject to certain conditions and modifications. The conditions and modifications related to provisions on termination of employment, the use of sub-contractors, and the calculation of penalty rates. The Commission considered these conditions and modifications to be necessary to ensure that the agreement provided for fair and reasonable terms and conditions for the workers, and to address any concerns raised by the respondents. The Commission also noted that the agreement would provide for greater flexibility and efficiency in the metals industry, and that it would benefit both the workers and the employers.

The final orders of the Commission were that the agreement be approved as a registered agreement under the Fair Work Act, subject to the conditions and modifications set out in the decision. The Commission also ordered that the agreement be published on the Fair Work Commission's website, and that the applicants provide a copy of the agreement to the respondents and to any affected workers. The decision provides guidance for labour hire companies and trade unions on the requirements for approving labour hire agreements under the Fair Work Act.

Apex Labour Hire Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established