[2017] FWCA 3676

The attached document replaces the document previously issued with the above code on 12 July 2017.

The word “Staffing” was misspelt in the title, the correct spelling is now in place.

Member Assist for Commissioner Cirkovic.

Dated 12 July 2017

[2017] FWCA 3676

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ergos Staffing Pty Ltd
(AG2017/2089)

ERGOS STAFFING PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 12 JULY 2017

Application for approval of the Ergos Staffing Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the ERGOS STAFFING PTY LTD Metals Labour Hire Agreement 2016 (Agreement). The application was made by Ergos Staffing Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) are 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.

[3] 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.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ergos Staffing Pty Ltd applied to the Fair Work Commission for approval of the Ergos Staffing Pty Ltd Metals Labour Hire Agreement 2016. The applicant sought to have the agreement made a registered agreement for the purposes of the Fair Work Act 2009. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the agreement complied with the requirements of the Fair Work Act, including whether it provided for a safety net of minimum terms and conditions, and whether it was made in good faith and without coercion.

The Commission considered whether the agreement provided for a safety net of minimum terms and conditions, and whether the agreement was made in good faith and without coercion. The Commission found that the agreement did provide for a safety net of minimum terms and conditions, including minimum rates of pay and penalty rates for public holidays. The Commission also found that the agreement was made in good faith and without coercion.

The Commission approved the Ergos Staffing Pty Ltd Metals Labour Hire Agreement 2016 as a registered agreement. The CFMEU's objections to the application were dismissed. The applicant's application was successful, and the agreement was registered under the Fair Work Act. The CFMEU's objections were dismissed.

Ergos Staffing Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established