DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Nations Labour Hire
(AG2019/4137)

FIRST NATIONS LABOUR HIRE & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2019

Application for approval of the First Nations Labour Hire & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the First Nations Labour Hire & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by First Nations Labour Hire 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 the Australian Workers’ Union 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.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The First Nations Labour Hire and the Australian Workers' Union were before the Fair Work Commission in an application for the approval of a workplace agreement. The nature of the dispute was whether the agreement, which sought to establish terms and conditions for workers in the labour hire industry, was in compliance with the Fair Work Act 2009. The court was tasked with determining the fairness and appropriateness of the proposed agreement.

The legal issues before the court included whether the agreement met the requirements under the Fair Work Act, particularly focusing on its compliance with the 'better-off-overall test'. This test requires that employees must be no worse off and preferably better off overall with the agreement than they would be under the applicable award or registered agreement. Additionally, the court considered whether the agreement adequately protected employees' rights and interests, and whether it included provisions for fair and transparent dispute resolution mechanisms.

The Fair Work Commission examined the terms and conditions proposed in the agreement, assessing their impact on the employees' rights and obligations. The court concluded that the agreement was fair and met the requirements of the Fair Work Act. It was found to provide improved terms and conditions for the employees, particularly in areas such as wages, leave entitlements, and working conditions. The court was satisfied that the agreement included provisions for fair and transparent dispute resolution mechanisms, and that it adequately protected the employees' rights and interests.

The Fair Work Commission approved the First Nations Labour Hire and The Australian Workers' Union Agreement 2019, confirming its compliance with the Fair Work Act. The agreement was deemed to provide a better-off-overall outcome for the employees and was approved for registration.

First Nations 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