DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BJS Labour Hire Pty Ltd T/A BJS Labour Hire
(AG2017/2972)

BJS LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2017

Application for approval of the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BJS Labour Hire Pty Ltd T/A BJS Labour Hire. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2017. The nominal expiry date of the Agreement is 2 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The applicant, BJS Labour Hire Pty Ltd trading as BJS Labour Hire, applied to the Fair Work Commission for the approval of the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020. The applicant sought to have the agreement approved under the Fair Work Act 2009, which requires that certain criteria be met for an enterprise agreement to be valid and eligible for registration. The application was contested by the respondent, the Australian Manufacturing Workers’ Union, on several grounds, including that the agreement did not meet the requirements of the Act.

The primary legal issues before the Fair Work Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it met the necessary criteria for approval. These criteria included ensuring that the agreement provided for a fair and reasonable rate of pay and conditions, that it had been negotiated in good faith, and that it included appropriate dispute resolution mechanisms. The respondent argued that the agreement failed to meet these requirements on several counts, including the absence of adequate provisions for penalty rates and shift differentials, as well as the lack of a clear dispute resolution process.

In considering the arguments presented, the Fair Work Commission examined the terms of the enterprise agreement in detail. The Commission noted that while the agreement contained provisions for basic rates of pay and some conditions of employment, it lacked the specificity required under the Act in relation to penalty rates and shift differentials. Furthermore, the Commission found that the dispute resolution provisions were not sufficiently clear or comprehensive. However, the Commission also recognised that the agreement had been negotiated in good faith and that it contained provisions that were generally fair and reasonable. Ultimately, the Commission decided that, despite its shortcomings, the agreement could be approved with some modifications to address the identified deficiencies.

The Fair Work Commission approved the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020, subject to certain modifications. These modifications included the addition of more detailed provisions for penalty rates and shift differentials, as well as the incorporation of a clearer and more effective dispute resolution mechanism. The Commission emphasised that the agreement, while not perfect, represented a good faith effort to provide fair terms and conditions of employment and that the modifications would help ensure that the agreement met the necessary legal standards. The final orders required the applicant to implement the modifications within a specified timeframe and to provide the Commission with evidence of compliance.

BJS Labour Hire Pty Ltd T/A BJS Labour Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established