DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Shotgun Nominees Pty Ltd T/A All Inclusive Labour
(AG2019/1277)

ALL INCLUSIVE LABOUR & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 MAY 2019

Application for approval of the All Inclusive Labour & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the All Inclusive Labour & The Australian Workers’ Union Agreement 2019 (the Agreement). The application was made by Shotgun Nominees Pty Ltd T/A All Inclusive Labour pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that 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. 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 it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Shotgun Nominees Pty Ltd trading as All Inclusive Labour, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, The Australian Workers' Union, opposed the approval of the agreement on the grounds that it did not meet the requirements of the Fair Work Act 2009. The case was heard by the Fair Work Commission.

The primary legal issue before the court was whether the All Inclusive Labour & The Australian Workers' Union Agreement 2019 complied with the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the requirements for a low paid enterprise agreement, including that it provided for a minimum rate of pay of $600 per week for employees. The court also had to consider whether the agreement provided for appropriate minimum terms and conditions of employment, including provisions for leave, penalty rates, and maximum weekly hours.

The Fair Work Commission found that the All Inclusive Labour & The Australian Workers' Union Agreement 2019 met the requirements of the Fair Work Act 2009. The court found that the agreement provided for a minimum rate of pay of $600 per week for employees, and that it provided for appropriate minimum terms and conditions of employment. The court noted that the agreement provided for provisions for leave, penalty rates, and maximum weekly hours that were consistent with those provided for in other enterprise agreements in the industry. The court also found that the agreement had been negotiated in good faith and that it was not contrary to the public interest.

Accordingly, the Fair Work Commission approved the All Inclusive Labour & The Australian Workers' Union Agreement 2019. The agreement is now a registered enterprise agreement and will apply to employees of All Inclusive Labour who are covered by the agreement. The employer and the union are bound by the terms of the agreement, and employees are entitled to the protections and benefits provided for in the agreement.

Shotgun Nominees Pty Ltd T/A All Inclusive Labour

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established