[2013] FWCA 9556 |
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)
(AG2013/10273)
AMWU AND FIRST LABOUR HIRE PTY LTD METALS LABOUR HIRE AGREEMENT 2013-2016
Manufacturing and associated industries | |
COMMISSIONER RYAN | MELBOURNE, 5 DECEMBER 2013 |
Application for approval of the AMWU and First Labour Hire Pty Ltd Metals Labour Hire Agreement 2013-2016.
[1] An application has been made for approval of an enterprise agreement known as the AMWU and First Labour Hire 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] 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.
[3] 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 12 December 2013. The nominal expiry date of the Agreement is 30 June 2016.
COMMISSIONER
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- AGLC
- “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) [2013] FWCA 9556
- Case
- [2013] FWCA 9556
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court involved determining whether the agreement provided adequate safeguards for employees, ensured fair treatment, and adhered to the provisions of the Fair Work Act. The court had to consider the agreement's terms, the context of labour hire arrangements, and the implications for workers' rights and protections. The court examined whether the agreement balanced the interests of employers and employees effectively, ensuring that employees were not disadvantaged by the labour hire model.
In reaching its decision, the Commission considered the comprehensive nature of the agreement, including provisions for wages, conditions, and dispute resolution mechanisms. It found that the agreement included adequate protections for employees, aligning with the principles of the Fair Work Act. The Commission noted that the agreement addressed potential issues arising from labour hire arrangements, such as ensuring employees were paid fairly and had access to benefits. Consequently, the Commission approved the agreement, recognising its role in protecting employees while allowing flexibility for employers.
The Fair Work Commission approved the Metals Labour Hire Agreement 2013-2016, confirming it met the necessary requirements for a protected action agreement under the Fair Work Act. The decision highlighted the importance of balancing the interests of employers and employees in labour hire arrangements and affirmed the agreement's effectiveness in providing adequate protections.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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