Australian Recruitment Group Labour Services Pty Ltd

[2015] FWCA 6030

[2015] FWCA 6030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s 185 - Application for approval of a greenfields agreement

Australian Recruitment Group Labour Services Pty Ltd
(AG2015/4389)

ARG LABOUR SERVICES NATIONAL INFRASTRUCTURE GREENFIELDS AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 1 SEPTEMBER 2015

Application for approval of the ARG Labour Services National Infrastructure Greenfields Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Australian Recruitment Labour Services Pty Ltd (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a greenfields agreement to be known as the ARG Labour Services National Infrastructure Greenfields Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Rail, Tram and Bus Industry Union (the ‘Union’) and formally made on 10 August 2015. The Agreement is to cover labour hire employees who are employed to perform maintenance work in the Rail Industry. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen. In addition, I am satisfied that the Union is entitled to represent the industrial interests of a majority of the prospective employees who will be covered by the Agreement, in relation to work performed under the Agreement.

[2] In the Employer’s Declaration in support of the application (Form F20) Mr T Hodge, Business Development Manager identified the Rail Industry Award 2010 [MA000015] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Hodge said that the Agreement provides for higher rates of pay and more generous allowances and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 36 and 33 respectively, and a disputes resolution procedure at clause 35 erroneously refers to Fair Work Australia, which I take as providing for provides for conciliation by the Commission.

[3] At a hearing of the application on 28 August 2015, Mr T Hodge appeared for the applicant and Mr M Dickson for the Union. Mr Hodge outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He explained that rates of pay are to be increased by 4% in January 2016 and January 2017. Mr Dickson supported the submissions of Mr Hodge. The Union had filed a Declaration in relation to the application (Form F21) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[4] Having heard the parties’ submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 182, 186 and 187, in so far as relevant to this application, have been met. In particular, pursuant to s 187(5)(b), I am satisfied the approval of the Agreement is in the public interest. Accordingly, I approve a single enterprise agreement known as the ARG Labour Services National Infrastructure Greenfields Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 4 September 2015 and have a nominal expiry date of 31 December 2017.

DEPUTY PRESIDENT

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