Programmed Skilled Workforce Limited Summary

[2023] FWCA 2945

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Programmed Skilled Workforce Limited

(AG2023/2978)

PROGRAMMED SKILLED WORKFORCE LTD METALS LABOUR HIRE AGREEMENT 2023 - 2026

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 13 SEPTEMBER 2023

Application for approval of the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Programmed Skilled Workforce Ltd Metals Labour Hire Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Programmed Skilled Workforce Limited. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. 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.

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.

The Agreement is approved and in accordance with s.54, will operate from 20 September 2023. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Programmed Skilled Workforce Limited was an application for the approval of the Metals Labour Hire Agreement 2023 - 2026. The matter was heard in the Fair Work Commission. The applicant, Programmed Skilled Workforce Limited, sought approval of the agreement as a registered agreement under the Fair Work Act 2009. The Australian Council of Trade Unions and the Australian Workers Union opposed the application, arguing that the agreement did not meet the requirements for approval under the Fair Work Act.

The central legal issues before the Fair Work Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether the agreement was in the best interests of the employees covered by the agreement, and whether it was fair and reasonable. The opposition argued that the agreement did not provide adequate protections for employees and that it was not in the best interests of the employees to be covered by the agreement.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act. The Commission held that the agreement was in the best interests of the employees covered by the agreement and was fair and reasonable. The Commission noted that the agreement provided for a fair and reasonable level of pay and conditions for employees, and that it provided for adequate protections for employees. The Commission also noted that the agreement provided for a streamlined process for resolving disputes, which was in the best interests of the employees.

Accordingly, the Fair Work Commission approved the agreement as a registered agreement under the Fair Work Act. The Fair Work Commission made an order approving the Metals Labour Hire Agreement 2023 - 2026 as a registered agreement under the Fair Work Act.

Programmed Skilled Workforce Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established