DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Provincial Labour Solutions Pty Ltd T/A Prime Labour Hire
(AG2016/5725)

PROVINCIAL LABOUR SOLUTIONS PTY LTD T/AS PRIME LABOUR HIRE METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2016

Application for the approval of the PROVINCIAL LABOUR SOLUTIONS PTY LTD T/AS PRIME LABOUR HIRE Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as the PROVINCIAL LABOUR SOLUTIONS PTY LTD T/AS PRIME LABOUR HIRE Metals Labour Hire Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Provincial Labour Solutions Pty Ltd T/A Prime Labour Hire.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54, will operate from 26 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Provincial Labour Solutions Pty Ltd, trading as Prime Labour Hire, sought approval from the Fair Work Commission for the Metals Labour Hire Agreement 2016. The applicant, a labour hire company, and the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, were parties to a dispute concerning the terms of the agreement. The application was heard in the Fair Work Commission, an Australian federal statutory body responsible for regulating workplace relations.

The central legal issues before the Commission were whether the proposed agreement complied with the relevant federal legislation, particularly the Fair Work Act 2009, and whether the agreement was in the best interests of the employees covered by it. Specifically, the Commission needed to determine if the agreement appropriately balanced the rights and obligations of employers and employees within the framework of the metals industry in Australia.

In its decision, the Commission examined the provisions of the agreement and considered submissions from both parties. It assessed whether the agreement met the requirements for being a "simple, clear and concise" document, as mandated by the Fair Work Act. The Commission also evaluated if the agreement provided adequate protections for workers, including provisions for wages, hours of work, and other employment conditions. Ultimately, the Commission found that the agreement was consistent with the legislative requirements and was in the best interests of the employees. Consequently, the application was approved, and the agreement was registered under the Fair Work Act.

The Fair Work Commission ordered the registration of the Metals Labour Hire Agreement 2016, effective from the date of the decision. The agreement was to apply to all employees of Provincial Labour Solutions Pty Ltd who were engaged in the metals industry and who were not already covered by another registered agreement. This decision provided clarity and legal certainty to the terms of employment for workers in the metals sector under the applicant's labour hire arrangements.

Provincial Labour 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