Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust

Case [2015] FWCA 2212


[2015] FWCA 2212
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust
(AG2015/657)

STANDARDS LABOUR HIRE PTY LTD T/A STANDARDS LABOUR HIRE TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 30 MARCH 2015

Application for approval of the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 March 2015 by Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust for the approval of a single-enterprise agreement known as the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement(“the Agreement”).

[2] 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.

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

SENIOR DEPUTY PRESIDENT

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<Price code G, AE413315  PR562606>

Details
AGLC
Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust [2015] FWCA 2212
Case
[2015] FWCA 2212
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Standards Labour Hire Pty Ltd, trading as Standards Labour Hire Trust, applied for the approval of their Enterprise Agreement. The applicant sought to have the agreement registered under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement, which included aspects such as employee entitlements, work hours, and dispute resolution mechanisms. The Commission was tasked with ensuring the agreement met the legal requirements and did not adversely affect employees' rights and protections.

The central legal issue the Commission addressed was whether the proposed Enterprise Agreement complied with the statutory provisions of the Fair Work Act, particularly in terms of ensuring that employees were not disadvantaged and that the agreement did not undermine the rights of employees under the national workplace relations system. The Commission examined whether the agreement provided fair and reasonable terms and conditions, and whether it adhered to the principles of good faith bargaining and procedural fairness.

After considering the submissions and evidence presented by the parties, the Fair Work Commission determined that the proposed Enterprise Agreement was compliant with the Fair Work Act. The Commission found that the agreement met the legal requirements and did not disadvantage employees. It provided fair and reasonable terms and conditions, and adhered to the principles of good faith bargaining and procedural fairness. Consequently, the Commission approved the agreement, which will now be registered under the Fair Work Act. This ensures that the terms and conditions of employment for the employees of Standards Labour Hire Pty Ltd are legally recognised and enforceable.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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