Prime Labour Hire

[2018] FWCA 2805

[2018] FWCA 2805

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Prime Labour Hire

(AG2018/719)

Prime Labour Hire and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020

Building, metal and civil construction industries
Commissioner Cirkovic	MELBOURNE, 18 MAY 2018

Application for approval of the Prime Labour Hire and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020.

1. An application has been made for approval of an enterprise Agreement known as the Prime Labour Hire and AMWU Metal Engineering On-Site Construction Agreement 2017 - 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Prime Labour Hire.

1. 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “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.

1. The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

1. The Agreement was approved on 18 May 2018 and, in accordance with s.54, will operate from 25 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

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