DECISION

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

Dunwood Recruitment
(AG2018/4982)

DUNWOOD RECRUITMENT METALS LABOUR HIRE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 4 MARCH 2019

Application for approval of the Dunwood Recruitment Metals Labour Hire Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Dunwood Recruitment Metals Labour Hire Agreement 2016-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dunwood Recruitment. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement lodged contained an error at clause 4 & clause 6.3. On DATE, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 March 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Dunwood Recruitment, sought approval of the Dunwood Recruitment Metals Labour Hire Agreement 2016-2019. Dunwood is a labour hire business that provides workers to its clients, which in this case included various metals companies. The dispute arose as to whether the agreement met the criteria for approval under the relevant legislation. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the agreement satisfied the requirements of section 19 of the Fair Work Act 2009. This section mandates that any labour hire agreement must be approved by a registered organisation or the Commission. The Commission needed to determine if the agreement complied with the statutory provisions and if it was in the best interests of the workers.

In delivering its decision, the Commission examined the contents of the agreement and considered submissions from both Dunwood and the workers represented by the Construction, Forestry, Maritime, Mining and Energy Union. The Commission found that the agreement included terms that met the legislative requirements, such as provisions relating to wages, leave entitlements, and dispute resolution mechanisms. The Commission also determined that the agreement was in the best interests of the workers, taking into account the protections it provided. As a result, the Commission approved the labour hire agreement.

The Commission made an order approving the Dunwood Recruitment Metals Labour Hire Agreement 2016-2019, effective from the date of the decision. The approval was subject to certain conditions aimed at ensuring the ongoing compliance with the relevant legislation and the protection of the workers' interests.

Dunwood Recruitment

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established