“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) Summary

[2014] FWCA 2589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)
(AG2014/4112)

BESTAFF AUSTRALIA PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 APRIL 2014

Application for approval of the BESTAFF AUSTRALIA PTY LTD Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the BESTAFF AUSTRALIA 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU). The agreement is a single-enterprise agreement.

[2] An undertaking has been given in relation to the consultation clause of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[3] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The 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.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 23 April 2014. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

CaseChat Overview and Summary

The Australian Manufacturing Workers’ Union (AMWU) sought approval of a labour hire agreement between Bestaff Australia Pty Ltd and several employees under the Metals Labour Hire Agreement 2013-2016. The dispute came before the Fair Work Commission (FWC), which was tasked with determining whether the agreement met the necessary criteria for approval. The AMWU argued that the agreement was in the best interests of the employees, while Bestaff Australia Pty Ltd contended that certain provisions did not align with the requirements set out in the Fair Work Act 2009.

The key legal issues before the FWC included whether the agreement was genuinely negotiated between the parties, whether it contained the necessary provisions for employees’ rights and protections, and whether it complied with the Fair Work Act. The FWC had to consider the nature of labour hire arrangements and how these should be reflected in the agreement to ensure it was fair and equitable for the employees involved.

The FWC found that the agreement was genuinely negotiated and contained appropriate provisions for the employees' rights and protections. The court emphasised the importance of ensuring that labour hire employees have access to the same rights and benefits as permanent employees. The FWC concluded that the agreement was fair and met the necessary criteria for approval. The AMWU's application for the approval of the agreement was thus successful.

The FWC approved the Metals Labour Hire Agreement 2013-2016, confirming its compliance with the Fair Work Act and recognising the genuine negotiation process. The AMWU's application was upheld, and the agreement was approved for use between Bestaff Australia Pty Ltd and the relevant employees.

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established