ECB Labour Hire Pty Ltd

[2021] FWCA 3882

[2021] FWCA 3882

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

ECB Labour Hire Pty Ltd
(AG2021/5636)

ECB LABOUR HIRE PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER SIMPSON	BRISBANE, 7 JULY 2021

Application for approval of the ECB Labour Hire Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] An application has been made for the approval of an enterprise agreement known as the ECB Labour Hire Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement). The application as made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by ECB Labour Hire Pty Ltd (the Applicant).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. 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. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Mr Ronnie Hayden, Union Organiser of the Australian Workers’ Union (AWU), a bargaining representative for the Agreement, filed a Form F21 statutory declaration stating the AWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] In accordance with s. 187(5)(a) of the Act, I am satisfied that the AWU 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.

[6] Noting clause 7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] 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.

[8] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the AWU and that the Agreement covers this organisation.

[9] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

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