DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prime Labour (Plumbing) Solutions Pty Ltd T/A Prime Labour Hire
(AG2016/7948)

PRIME LABOUR (PLUMBING) SOLUTIONS PTY LTD TRADING AS PRIME LABOUR HIRE AND AWU 2016 - 2018 VICTORIAN MINOR WORKS AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 23 JANUARY 2017

Application for approval of the Prime Labour (Plumbing) Solutions Pty Ltd Trading as Prime Labour Hire and AWU 2016-2018 Victorian Minor Works Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Prime Labour (Plumbing) Solutions Pty Ltd Trading as Prime Labour Hire and AWU 2016-2018 Victorian Minor Works Agreement 2016 (Agreement). The application was made by Prime Labour (Plumbing) Solutions Pty Ltd T/A Prime Labour Hire 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 The Australian Workers’ Union 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.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 January 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Prime Labour (Plumbing) Solutions Pty Ltd, trading as Prime Labour Hire, and the Australian Workers' Union (AWU), which was heard by the Fair Work Commission (FWC). The applicants sought approval for the "Prime Labour (Plumbing) Solutions Pty Ltd Trading as Prime Labour Hire and AWU 2016-2018 Victorian Minor Works Agreement 2016." The agreement aimed to regulate the terms and conditions of employment for workers in the plumbing industry in Victoria. The dispute centred around the interpretation and application of the relevant industrial laws, particularly focusing on the fairness and reasonableness of the proposed agreement.

The primary legal issues before the FWC were whether the agreement was procedurally sound and substantively fair and reasonable. The FWC had to consider if the agreement was negotiated in good faith, if it complied with the relevant industrial legislation, and if it provided fair and reasonable terms and conditions for the workers. Additionally, the FWC assessed whether the agreement met the criteria for being a "modern award" and if it appropriately balanced the interests of both employers and employees.

In its decision, the FWC determined that the agreement was both procedurally sound and substantively fair and reasonable. The Commission found that the agreement was negotiated in good faith and met the legal requirements under the Fair Work Act 2009. The FWC concluded that the terms of the agreement were fair and reasonable, as they provided adequate protections and benefits for the workers while also being reasonable for the employers. Consequently, the FWC approved the agreement, recognising it as a modern award that appropriately balanced the interests of both parties.

The FWC's final order was the approval of the "Prime Labour (Plumbing) Solutions Pty Ltd Trading as Prime Labour Hire and AWU 2016-2018 Victorian Minor Works Agreement 2016." The agreement was to be registered and would serve as a modern award for the plumbing industry in Victoria. This decision set a precedent for future agreements in the industry, ensuring that they met the necessary legal standards for fairness and reasonableness.

Prime Labour (Plumbing) Solutions Pty Ltd T/A Prime Labour Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established