DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prime Labour (Plumbing) Solutions Pty Ltd T/A Prime Labour Hire Pty Ltd
(AG2017/318)

PRIME LABOUR (PLUMBING) SOLUTIONS PTY LTD T/AS PRIME LABOUR HIRE MERNDA RAIL EXTENSION PROJECT AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 22 FEBRUARY 2017

Application for approval of the Prime Labour (Plumbing) Solutions Pty Ltd T/As Prime Labour Hire Mernda Rail Extension Project Agreement 2017.

[1] An application has been made for approval of a greenfields agreement known as the Prime Labour (Plumbing) Solutions Pty Ltd T/As Prime Labour Hire Mernda Rail Extension Project Agreement 2017 (Agreement). The application was made by Prime Labour (Plumbing) Solutions Pty Ltd T/A Prime Labour Hire 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 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] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 March 2017. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of Prime Labour (Plumbing) Solutions Pty Ltd trading as Prime Labour Hire, the applicant sought the approval of the Mernda Rail Extension Project Agreement 2017 from the Fair Work Commission. The dispute revolved around the terms and conditions of employment for workers under the agreement, including the rates of pay, the classification of roles, and the provisions for overtime and penalty rates. The applicant argued that the proposed agreement would provide clarity and certainty for both employers and employees, while the respondent raised concerns about the potential impact on workers' entitlements and conditions.

The legal issues before the commission included whether the agreement provided for terms and conditions that were, at least, not worse off than the applicable award or registered agreement, and whether the agreement was in the interests of the employees. The commission had to consider the balance between the rights of employers to manage their businesses and the need to protect the rights and conditions of employees.

The commission found that the proposed agreement provided for terms and conditions that were not worse off than the applicable award or registered agreement, and that the agreement was in the interests of the employees. The commission noted that the agreement provided for a transparent and fair process for the classification of roles and the calculation of overtime and penalty rates. The commission also found that the agreement provided for adequate protections for employees, including the right to request flexible working arrangements and provisions for the payment of annual leave and public holidays. The commission approved the agreement, subject to certain modifications to address the concerns raised by the respondent.

The Fair Work Commission approved the Mernda Rail Extension Project Agreement 2017, subject to certain modifications to address the concerns raised by the respondent. The modifications included the addition of a clause to provide for the payment of penalty rates for work performed on public holidays, and the clarification of the process for the classification of roles. The commission also ordered that the agreement be notified to all employees covered by the agreement, and that any disputes arising under the agreement be referred to the commission for resolution.

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