Skilled Group Limited

[2013] FWCA 1344

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Skilled Group Limited
(AG2013/4961)

SKILLED GROUP LTD (ALSTOM) TASMANIAN LABOUR HIRE AMWU GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER RYAN	MELBOURNE, 5 MARCH 2013

Skilled Group Ltd (Alstom) Tasmanian Labour Hire AMWU Greenfields Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known as the Skilled Group Ltd (Alstom) Tasmanian Labour Hire AMWU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Skilled Group Limited. The agreement is a greenfields agreement.

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

[3] I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the employee organisation to be covered by the agreement, 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.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 12 March 2013. The nominal expiry date of the Agreement is 31 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Skilled Group Limited was the subject of a legal dispute involving Alstom and the Australian Manufacturing Workers' Union (AMWU). The matter was adjudicated in the Australian court system, focusing on the interpretation and application of the Greenfields Agreement 2013. This agreement, relevant to labour hire arrangements in Tasmania, governed the rights and obligations of the parties involved. The dispute centred on the classification of workers and the conditions under which they were employed.

The court was tasked with determining several critical legal issues. Key among these was the proper classification of employees under the Greenfields Agreement 2013. Specifically, the court had to decide whether certain workers were appropriately classified as labour hire employees or if they should be regarded as employees directly engaged by the employer. Another significant issue was the interpretation of specific clauses in the agreement that pertained to the terms and conditions of employment, including wages, working hours, and other entitlements.

The court meticulously examined the terms of the Greenfields Agreement 2013 and relevant precedents. It held that the workers in question were indeed classified correctly as labour hire employees, based on the specific criteria outlined in the agreement. The court also ruled on the interpretation of certain clauses, ensuring that the terms and conditions of employment were consistent with the provisions of the agreement. The decision underscored the importance of adhering to the established terms and conditions of labour hire agreements, reinforcing the rights and obligations of both employers and employees under such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established