Sheforce Labour Hire Pty Ltd

[2025] FWCA 1751

[2025] FWCA 1751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Sheforce Labour Hire Pty Ltd

(AG2025/1406)

AMWU AND SHEFORCE LABOUR HIRE PTY LTD PRODUCTION / MANUFACTURING & PROCESS WORKERS LABOUR HIRE AGREEMENT 2023

Building, metal and civil construction industries
COMMISSIONER TRAN	MELBOURNE, 26 MAY 2025

Application for approval of the AMWU and SHEFORCE LABOUR HIRE PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2023

1. Sheforce Labour Hire Pty Ltd (ABN: 25 648 753 600) has applied for approval of an enterprise agreement known as the AMWU and SHEFORCE LABOUR HIRE PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2023 under s 185 of the Fair Work Act 2009.

1. The Agreement is a greenfields agreement.

1. The agreement meets the requirements of section 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.

1. In accordance with s 187(5)(a) of the Act, I am satisfied that Automotive, Food, Metals, Engineering, Printing and Kindred Industries 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.

1. I note clause 6.1 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s 191(1) of the Act, the undertakings are taken to be a term of the Agreement.

1. The Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

1. Pursuant to s 53(2)(b) of the Act I note the Agreement was made with AMWU and that the Agreement covers this organisation.

1. The Agreement is approved and, in accordance with s 54 of the Act, will operate from 2 June 2025.

1. In accordance with undertaking 1(a), the nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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APPENDIX A