DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JV Labour Hire (Vic) Pty Ltd
(AG2020/1861)

JV LABOUR HIRE (VIC) PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 JULY 2020

Application for approval of the JV Labour Hire (Vic) Pty Ltd & The Australian Workers' Union Agreement 2020.

[1] JV Labour Hire (Vic) Pty Ltd has made an application for approval of a greenfields agreement known as the JV Labour Hire (Vic) Pty Ltd & The Australian Workers’ Union Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 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 has 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] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 27 July 2020. The nominal expiry date of the Agreement is 28 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, the matter of the application for the approval of the JV Labour Hire (Vic) Pty Ltd & The Australian Workers' Union Agreement 2020 was considered. The applicant, JV Labour Hire (Vic) Pty Ltd, sought the court's approval of an agreement reached between the company and the union. The dispute centred on whether the agreement was fair and reasonable, and whether it complied with the necessary statutory requirements.

The primary legal issue for the court to determine was whether the agreement met the criteria for approval under the relevant legislation. This involved assessing whether the agreement provided for appropriate terms and conditions of employment, including pay rates, hours of work, and other relevant matters. The court also needed to consider whether the agreement was made in good faith and whether it complied with any relevant industrial instruments.

The court found that the agreement was fair and reasonable, and complied with the statutory requirements. The terms and conditions outlined in the agreement were deemed to be appropriate and in line with industry standards. The court was satisfied that the agreement was made in good faith by both parties, and that it did not contravene any relevant industrial instruments. As a result, the court approved the agreement, confirming its validity and enforceability.

The final order of the court was that the JV Labour Hire (Vic) Pty Ltd & The Australian Workers' Union Agreement 2020 be approved, effective from the date of the court's decision. This decision provided certainty and clarity for both the company and the union, allowing them to proceed with the agreement and its implementation.

JV Labour Hire (Vic) 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