DECISION

Fair Work Act 2009
s.185—Enterprise agreement

First Nations Labour Hire Pty Ltd
(AG2021/5216)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 MAY 2021

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

[1] First Nations Labour Hire Pty Ltd has applied for approval of a single enterprise agreement known as the First Nations Labour Hire Pty Ltd & The Australian Workers' Union Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

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

[3] On the basis of the material contained in the application and related materials, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[5] The Agreement was approved on 26 May 2021 and, in accordance with s.54, will operate from 2 June 2021. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

First Nations Labour Hire Pty Ltd applied to the Fair Work Commission for the approval of the First Nations Labour Hire Pty Ltd & The Australian Workers’ Union Agreement 2021. The Australian Workers' Union opposed the application, arguing the agreement did not meet the criteria for an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the legislative requirements for approval.

The Commission considered the application in light of the requirements set out in the Fair Work Act. The key issues were whether the agreement was an enterprise agreement, whether it had been made in good faith, and whether it complied with the procedural requirements. The Commission examined the process by which the agreement was negotiated and the extent to which it covered the necessary topics as prescribed by the Act. Additionally, the Commission needed to ascertain whether the agreement had been appropriately certified as a single-interest employer agreement.

The Commission found that the agreement was indeed an enterprise agreement as it covered employees of First Nations Labour Hire Pty Ltd and had been negotiated in good faith. The Commission was satisfied that the agreement had been certified as a single-interest employer agreement and met all the procedural requirements. The Commission noted the union's concerns but concluded that the agreement was fair and appropriate given the circumstances. The application for approval was ultimately successful, and the agreement was approved.

The Fair Work Commission approved the First Nations Labour Hire Pty Ltd & The Australian Workers’ Union Agreement 2021, dismissing the union's objections. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment conditions of the workers covered by the agreement.

First Nations Labour Hire 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