DECISION

Fair Work Act 2009
s.185—Enterprise agreement

MC Labour Services Pty Ltd
(AG2019/4452)

AMWU AND MC LABOUR SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 DECEMBER 2019

Application for approval of the AMWU and MC LABOUR SERVICES PTY LTD Metals Labour Hire Agreement 2019-2023.

[1] An application has been made for approval of a greenfields agreement known as the AMWU and MC LABOUR SERVICES PTY LTD Metals Labour Hire Agreement 2019-2023 (the Agreement). The application was made by MC Labour Services 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) 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 December 2019. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of the Australian Manufacturing Workers' Union (AMWU) and MC Labour Services Pty Ltd Metals Labour Hire Agreement 2019-2023. The application was brought by MC Labour Services Pty Ltd, a labour hire company, and the AMWU, a trade union representing workers in the metals industry. The dispute centred on the need for the court to assess whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The court was tasked with determining if the agreement was in the best interests of the workers and if it adhered to the principles of the Fair Work Act.

The primary legal issue before the court was whether the proposed agreement was consistent with the provisions of the Fair Work Act and the relevant industrial instruments. The court had to examine if the agreement provided adequate protections for the workers, including fair wages and working conditions, and if it was negotiated in good faith. Additionally, the court needed to determine if the agreement was consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act. The court was also required to consider submissions from both parties and any other relevant stakeholders.

The court found that the proposed agreement was consistent with the Fair Work Act and the relevant industrial instruments. It concluded that the agreement provided adequate protections for the workers and was negotiated in good faith. The court noted that the agreement addressed key issues such as wages, working conditions, and dispute resolution mechanisms. Furthermore, the court was satisfied that the agreement was in the best interests of the workers and aligned with the principles of enterprise bargaining. After considering all submissions, the court approved the Metals Labour Hire Agreement 2019-2023.

The court's approval of the agreement was based on its finding that the agreement met the necessary criteria under the Fair Work Act. The court determined that the agreement provided fair terms and conditions for the workers and was consistent with the broader objectives of the Fair Work Act. The court's decision provided certainty for both the AMWU and MC Labour Services Pty Ltd, ensuring that the agreement would be legally binding and enforceable.

MC Labour Services 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