DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

R & J Labour Hire Pty Ltd
(AG2014/10964)

R&J LABOUR HIRE PTY LTD/OZZIE LABOUR PTY LTD SINGLE ENTERPRISE AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 JANUARY 2015

Application for approval of the R&J Labour Hire Pty Ltd/Ozzie Labour Pty Ltd Single Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the R&J Labour Hire Pty Ltd/Ozzie Labour Pty Ltd Single Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 January 2015. The nominal expiry date of the Agreement is 15 January 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were R&J Labour Hire Pty Ltd and Ozzie Labour Pty Ltd, who sought approval for their Single Enterprise Agreement. The dispute arose under the Fair Work Act 2009, and the case was heard in the Fair Work Commission. The applicants, R&J Labour Hire Pty Ltd and Ozzie Labour Pty Ltd, applied for the approval of their proposed Single Enterprise Agreement (SEA) which was intended to cover a range of employees within their businesses. The primary legal issues before the Commission were whether the proposed SEA met the statutory requirements for approval and whether it was fair and reasonable in all its terms.

The Commission considered several key factors in determining whether the proposed SEA complied with the legislative framework. This included whether the agreement was genuinely negotiated, contained terms that were reasonably necessary for the efficient operation of the businesses, and provided for the protection of employees' rights and interests. The applicants had to demonstrate that the SEA was the product of genuine bargaining and that the terms were reasonable and fair in the context of the businesses' operations. The Commission also examined the extent to which the agreement provided for appropriate protections for employees, including minimum wages, hours of work, and other conditions.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed SEA met the statutory requirements for approval. The agreement was deemed to be the result of genuine negotiations and contained terms that were reasonably necessary for the efficient operation of the businesses. The Commission was satisfied that the agreement provided for the protection of employees' rights and interests and was fair and reasonable in all its terms. As a result, the Commission approved the proposed SEA, subject to any modifications it had already made during the hearing.

The final orders of the Commission included the approval of the R&J Labour Hire Pty Ltd/Ozzie Labour Pty Ltd Single Enterprise Agreement, with specific terms and conditions as outlined in the decision. The agreement was to be registered with the Fair Work Commission and would apply to the relevant employees within the businesses. The approval was subject to the parties complying with any additional requirements or conditions that the Commission may have imposed during the hearing.

R & J 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