DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Resources Australia Pty Ltd
(AG2021/4864)

AMWU AND PROJECT RESOURCES AUSTRALIA PTY LTD METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 7 MAY 2021

Application for approval of the AMWU and Project Resources Australia Pty Ltd Metals Labour Hire Agreement 2019-2023.

[1] Project Resources Australia Pty Ltd and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) have made a greenfields agreement known as the AMWU and Project Resources Australia Pty Ltd Metals Labour Hire Agreement 2019-2023 (the Agreement) under section 172(2)(b) of the Act.

[2] The Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work to be performed under the Agreement.

[3] I am satisfied that each of the relevant requirements of ss.186 and 187 of the Act have been met in relation to the Agreement and that it is in the public interest to approve the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Project Resources Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the AMWU and Project Resources Australia Pty Ltd Metals Labour Hire Agreement 2019-2023. The Australian Manufacturing Workers' Union (AMWU) sought the approval of the agreement, which covered labour hire workers employed by Project Resources Australia Pty Ltd. The dispute arose from the negotiation and proposed terms of the agreement between the parties.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for fair and reasonable terms, did not discriminate against individuals, and was made in good faith. Additionally, the Commission had to consider if the agreement would promote high levels of productivity, workplace harmony, and the economic wellbeing of the parties involved.

In its reasoning, the Commission examined the provisions of the proposed agreement and the submissions made by both parties. The Commission found that the agreement provided for fair and reasonable terms, did not contain discriminatory provisions, and was made in good faith. The Commission further noted that the agreement was likely to promote high levels of productivity, workplace harmony, and the economic wellbeing of the parties. Consequently, the Commission approved the AMWU and Project Resources Australia Pty Ltd Metals Labour Hire Agreement 2019-2023, recognising it as a lawful and fair agreement.

The Fair Work Commission approved the AMWU and Project Resources Australia Pty Ltd Metals Labour Hire Agreement 2019-2023, effective from 1 July 2019. The approved agreement will now govern the employment conditions of labour hire workers employed by Project Resources Australia Pty Ltd for the duration of the agreement, which ends on 30 June 2023.

Project Resources Australia 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