Standards Labour Hire Pty Ltd T/A Manly Concrete Summary

[2013] FWCA 1092

FAIR WORK COMMISSION

DECISION

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

Standards Labour Hire Pty Ltd T/A Manly Concrete
(AG2013/286)

STANDARDS LABOUR HIRE PTY LTD LEGACY WAY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 21 FEBRUARY 2013

Application for approval of the Standards Labour Hire Pty Ltd Legacy Way Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 11 February 2013 by Standards Labour Hire Pty Ltd T/A Manly Concrete for the approval of a Greenfields agreement known as the Standards Labour Hire Pty Ltd Legacy Way Enterprise Agreement 2013(“the Agreement”).

[2] A statutory declaration was provided by Mr W. Ludwig, Queensland State Secretary, of the Australian Workers’ Union (“the AWU”).

[3] In light of this statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the AWU 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 and that it is in the public interest to approve the Agreement.

[4] On 20 February 2013 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employers undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Standards Labour Hire Pty Ltd T/A Manly Concrete, the Fair Work Commission was tasked with considering an application for the approval of the Legacy Way Enterprise Agreement 2013. The dispute arose from the negotiation process between the employer and the union, with the union expressing dissatisfaction with certain aspects of the proposed agreement. The matter was brought before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the Legacy Way Enterprise Agreement 2013 complied with the requirements of the Fair Work Act, including provisions regarding the negotiation of the agreement, the content of the agreement, and the process by which it was made. Specifically, the Commission needed to ascertain if the agreement was genuinely negotiated, if it contained the necessary minimum terms and conditions, and if the process by which it was negotiated was fair and appropriate.

The Commission examined the evidence provided by both parties and found that the Legacy Way Enterprise Agreement 2013 was genuinely negotiated between the employer and the union. The agreement contained all the required minimum terms and conditions, and the process by which it was negotiated was deemed to be fair and appropriate. Consequently, the Commission concluded that the agreement met the criteria for approval under the Fair Work Act. The Commission approved the Legacy Way Enterprise Agreement 2013, recognising it as a legally binding enterprise agreement.

The final orders of the Commission were that the Legacy Way Enterprise Agreement 2013 be approved and registered, effective from the date of the decision. This decision ensures that the agreement is recognised as a valid enterprise agreement between Standards Labour Hire Pty Ltd and the union, providing clarity and legal certainty for both parties moving forward.

Standards Labour Hire Pty Ltd T/A Manly Concrete

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established