MC Labour Services Pty Ltd T/A MC Labour Services Pty Ltd

[2025] FWCA 832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

MC Labour Services Pty Ltd T/A MC Labour Services Pty Ltd

(AG2025/303)

AMWU AND MC LABOUR SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 7 MARCH 2025

Application for approval of the AMWU and MC Labour Services Pty Ltd Metals Labour Hire Agreement 2023-2026

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 2023-2026 (Agreement). The application was made by MC Labour Services Pty Ltd T/A MC Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement 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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s. 191(2) of the Act, the undertakings are taken to be a term of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Manufacturing Workers' Union (AMWU) and MC Labour Services Pty Ltd, trading as MC Labour Services Pty Ltd, engaged in a dispute concerning the approval of their proposed Metals Labour Hire Agreement 2023-2026. The AMWU sought approval of the agreement, while MC Labour Services Pty Ltd also participated in the proceedings. The matter was heard by the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement was in the public interest and met the requirements of the Fair Work Act. The Commission had to assess whether the agreement provided for fair and reasonable terms and conditions for employees and whether it aligned with the overarching objectives of the Act, including promoting cooperative relationships and facilitating economic prosperity. The Commission also had to consider the balance of the agreement, taking into account the interests of both employers and employees.

After carefully reviewing the proposed agreement and hearing submissions from both parties, the Commission concluded that the agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees and that it was in the public interest. The Commission also determined that the agreement facilitated cooperative relationships and economic prosperity, which aligned with the objectives of the Fair Work Act. As a result, the Commission approved the proposed Metals Labour Hire Agreement 2023-2026 between the AMWU and MC Labour Services Pty Ltd.

The Fair Work Commission approved the Metals Labour Hire Agreement 2023-2026 between the AMWU and MC Labour Services Pty Ltd. The agreement is now in effect and will govern the employment terms and conditions for employees within the metals industry for the next three years. The approval of this agreement ensures that both employers and employees have a clear understanding of their rights and obligations, promoting a fair and cooperative working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established