DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corestaff Vic P/L
(AG2015/6049)

CORESTAFF VIC P/L SITE SPECIFIC (ECOGEN ENERGY / NEWPORT POWER STATION 250 DOUGLAS PARADE, NEWPORT 3015) METALS LABOUR HIRE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 12 NOVEMBER 2015

Application for approval of the Corestaff Vic P/L site specific (Ecogen Energy / Newport Power Station 250 Douglas Parade, Newport 3015) Metals Labour Hire Agreement 2013-2016.

[1] An application has been made for approval of a greenfields agreement known as the Corestaff Vic P/L site specific (Ecogen Energy / Newport Power Station 250 Douglas Parade, Newport 3015) Metals Labour Hire Agreement 2013-2016 (Agreement). The application was made by Corestaff Vic P/L pursuant to s.185 of the Fair Work Act 2009 (Act).

[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 this is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corestaff Vic P/L sought approval from the Fair Work Commission for the site-specific Metals Labour Hire Agreement 2013-2016, applicable to the Ecogen Energy / Newport Power Station at 250 Douglas Parade, Newport 3015. The applicant, Corestaff Vic P/L, is a labour hire company, and the respondent, Ecogen Energy, operates the power station. The agreement was intended to regulate the employment of labour hire workers on the site. The application was lodged under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet minimum standards.

The legal issues before the Commission involved whether the proposed agreement provided adequate protections for workers and complied with the relevant legislative and regulatory framework. Key points of contention included the classification of workers, the terms and conditions of employment, and whether the agreement was in the best interests of the workers. The Commission had to consider the balance between the rights and protections of the workers and the operational needs of the employer.

The Commission determined that the proposed agreement provided appropriate protections for workers and was in their best interests. The agreement was found to meet the minimum standards set by the Fair Work Act 2009 and the relevant award. The Commission emphasised that the agreement was comprehensive, covering all aspects of employment, and provided clear terms and conditions that were fair and reasonable. The Commission was satisfied that the agreement would not lead to the undermining of workers' rights or the avoidance of obligations under the National Employment Standards or applicable awards.

The Commission approved the Metals Labour Hire Agreement 2013-2016, effective from 1 July 2013 to 30 June 2016. The decision was made on the basis that the agreement was fair and reasonable, provided adequate protections for workers, and was in their best interests. The approval was subject to the agreement being implemented in accordance with the Fair Work Act 2009 and the relevant award.

Corestaff Vic P/L

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established