Second Chance Labour Ltd

[2022] FWCA 3640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Second Chance Labour Ltd

(AG2022/4294)

SECOND CHANCE LABOUR LTD & The Australian Workers’ Union Agreement 2022

Building, metal and civil construction industries
COMMISSIONER MCKINNON	SYDNEY, 19 OCTOBER 2022

Application for approval of the SECOND CHANCE LABOUR LTD & The Australian Workers’ Union Agreement 2022 – greenfields agreement

Second Chance Labour Ltd has applied for approval of a greenfields agreement known as the SECOND CHANCE LABOUR LTD & The Australian Workers’ Union Agreement 2022 (the Agreement). The Agreement was made between Second Chance Labour and the Australian Worker’s Union.

The Agreement is made under subsection 172(2)(b) of the Fair Work Act 2009. 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 Australian Workers’ Union 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 the Agreement. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement is approved and will operate from 26 October 2022. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Second Chance Labour Ltd involved the Australian Workers' Union and the company in relation to an application for approval of the 2022 agreement, which was a greenfields agreement. The dispute centred on whether the agreement met the necessary legal criteria for approval and whether it was fair and appropriate for the employees. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement provided genuine benefits to the employees, whether it was made in good faith, and whether it complied with the relevant sections of the Fair Work Act 2009. Additionally, the Commission needed to consider whether the agreement was likely to lead to improved industrial relations between the parties and whether it contained appropriate dispute resolution mechanisms.

The Fair Work Commission considered the arguments presented by both parties and examined the terms and conditions of the agreement. The Commission determined that the agreement provided genuine benefits to the employees, was made in good faith, and complied with the relevant sections of the Fair Work Act 2009. The Commission also found that the agreement was likely to lead to improved industrial relations between the parties and contained appropriate dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the 2022 agreement between Second Chance Labour Ltd and the Australian Workers' Union. The approval was contingent on the agreement being implemented in good faith and in accordance with the terms and conditions set out in the agreement. The decision highlighted the importance of ensuring that greenfields agreements provide genuine benefits to employees and contribute to improved industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established