DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne Installations
(AG2016/7020)

MELBOURNE INSTALLATIONS METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne Installations. The Agreement is a single enterprise agreement.

[2] 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Melbourne Installations, who applied for approval of the MELBOURNE INSTALLATIONS Metals Labour Hire Agreement 2016. The matter was heard in the Fair Work Commission. The primary dispute was whether the terms of the labour hire agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues focused on whether the agreement provided adequate protections for workers, ensuring their rights were not compromised by the labour hire arrangement. The court had to assess the fairness and reasonableness of the terms set out in the agreement, particularly in relation to wages, conditions, and the rights of workers under the Fair Work Act. The court also needed to consider if the agreement complied with the relevant provisions of the Industrial Relations (Hire of Workers) Determination 2018.

The Fair Work Commission, in its reasoning, found that the agreement contained terms that were fair and reasonable. It confirmed that the agreement provided sufficient protections for workers, including provisions that aligned with the minimum standards set out in the relevant award and the Industrial Relations Determination. The Commission noted that the agreement included clauses that addressed wage rates, conditions of employment, and the rights of workers, ensuring that these were not adversely affected by the labour hire arrangement. Consequently, the Commission approved the labour hire agreement.

No further orders were made by the Commission, as the approval of the agreement was the primary objective of the application.

Melbourne Installations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established