DECISION

Fair Work Act 2009
s 185 - Application for approval of a greenfields agreement

Provincial Labour Solutions Pty Ltd t/as Prime Labour Hire
(AG2015/1393)

PROVINCIAL LABOUR SOLUTIONS PTY LTD TRADING / AS PRIME LABOUR HIRE NATIONAL INFRASTRUCTURE GREENFIELDS AGREEMENT 2015

Rail industry
DEPUTY PRESIDENT SAMS	SYDNEY, 16 JULY 2015

Application for approval of the Provincial Labour Solutions Pty Ltd Trading / As Prime Labour Hire National Infrastructure Greenfields Agreement 2015.

[1] This is an application, pursuant to s 185 of the Fair Work Act 2009 (the ‘Act’), filed by Provincial Labour Solutions Pty Ltd t/as Prime Labour Hire (the ‘applicant’) which seeks the approval of the Fair Work Commission (the ‘Commission’) of a greenfields enterprise agreement to be known as the Provincial Labour Solutions Pty Ltd Trading / As Prime Labour Hire National Infrastructure Greenfields Agreement 2015 (the ‘Agreement’). The Agreement was negotiated with the Australian Rail, Tram and Bus Industry Union (the ‘Union’). It is intended to cover labour hire employees who provide work in relation to rail projects pursuant to contracts between the applicant and third parties. For the purposes of s 186(3) of the Act, I am satisfied that the group of employees to be covered by this Agreement has been fairly chosen.

[2] The Agreement was made on 1 June 2015 (s 182(3)). I am satisfied that the Agreement covers a genuine new enterprise and the employer does not currently employ any persons. In addition, I am satisfied that the Union is entitled to represent the industrial interests of a majority of the prospective employees who will be covered by the Agreement, in relation to work performed under the Agreement (s 187(5)(a)). The application for approval of the Agreement was lodged on 10 June 2015, thereby satisfying s 185(3) of the Act.

[3] In the Employer’s Declaration in support of the application (Form F20) Mr R Carrabott identified the Rail Industry Award 2010 [MA000015] as the relevant reference instrument for the purposes of the Better Off Overall Test (the ‘BOOT’). Mr Carrabottsaid that the Agreement provides for higher rates of pay and more beneficial allowances and that there are no less beneficial terms. I am satisfied that the Agreement passes the BOOT. The Agreement provides for the mandatory flexibility and consultation terms at clauses 36 and 33 respectively, and a disputes resolution procedure at clause 35 erroneously refers to Fair Work Australia, which I take as providing for conciliation and arbitration by the Commission.

[4] At a hearing of the application on 30 June 2015, Mr R Carrabott appeared for the applicant. Mr Carrabott outlined the main features of the Agreement and submitted that all of the legislative requirements for approval of the Agreement have been satisfied and the Agreement should be approved by the Commission. He advised that rates of pay are to be increased by 4% on the first full pay period in January 2016 and January 2017. The Union did not appear, but had filed a Declaration in relation to the application (Form 21) supporting the approval of the Agreement and giving notice that it wishes to be covered by the Agreement (s 183). For the purposes of s 201(2) of the Act, I note that the Union is to be covered by the Agreement.

[5] Having heard the applicant’s submissions and upon reviewing the terms of the preapproval process documentation and the Agreement itself, I am satisfied that all of the requirements of the Act, in particular ss 182, 186 and 187 in so far as relevant to this application, have been met. Accordingly, I approve a single enterprise agreement known as the Provincial Labour Solutions Pty Ltd Trading / As Prime Labour Hire National Infrastructure Greenfields Agreement 2015.Pursuant to s 54 of the Act, the Agreement shall operate from 7 July 2015 and have a nominal expiry date of 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Provincial Labour Solutions Pty Ltd, trading as Prime Labour Hire, applied to the Fair Work Commission for approval of the National Infrastructure Greenfields Agreement 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred on the proposed terms and conditions of employment within the agreement, particularly regarding pay rates and classification of workers. The Commission had to determine whether the agreement was in the interests of the employees and compliant with relevant legislative requirements.

The primary legal issues before the Commission involved assessing the fairness and appropriateness of the proposed pay rates and worker classifications as outlined in the agreement. The Commission considered submissions from both parties and examined relevant legislative provisions, including those from the Fair Work Act 2009. The Commission also had to determine whether the agreement provided appropriate protections and benefits for employees, balancing the interests of employers and employees.

After reviewing the evidence and arguments presented, the Fair Work Commission found that the proposed agreement was fair and reasonable. The Commission concluded that the pay rates and classifications were appropriate and did not disadvantage employees. The Commission further found that the agreement provided adequate protections and benefits for employees and was in their best interests. Consequently, the Commission approved the National Infrastructure Greenfields Agreement 2015, subject to certain conditions.

Provincial Labour Solutions Pty Ltd t/as Prime Labour Hire

DECISION

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