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

Case [2013] FWCA 2271


[2013] FWCA 2271

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
(AG2013/848)

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

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 17 APRIL 2013

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 9 April 2013 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 C, AE400768  PR535677>

Details
AGLC
Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust [2013] FWCA 2271
Case
[2013] FWCA 2271
Decision Date

CaseChat Overview and Summary

Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust applied for approval of the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement. The application was made to the Fair Work Commission under the Fair Work Act 2009. The dispute concerned the proposed terms of employment, including wages, working hours, leave entitlements, and other conditions, for employees of Standards Labour Hire Pty Ltd.

The legal issues the court was required to decide included whether the agreement was a genuinely independent agreement, whether it contained appropriate provisions for employee protection, and whether the agreement met the requirements of the Fair Work Act. Specifically, the court had to consider whether the agreement provided fair and reasonable terms that were not detrimental to the employees, and whether the agreement was free from any improper influence or coercion.

The court found that the agreement was genuinely independent and contained appropriate provisions for employee protection. The agreement provided fair and reasonable terms that were not detrimental to the employees, and it was free from any improper influence or coercion. The court was satisfied that the agreement met the requirements of the Fair Work Act and approved the application. The court determined that the agreement was in the best interests of the employees and would provide them with appropriate protections and benefits.

The Fair Work Commission approved the application and registered the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement. The agreement will now apply to the employees of Standards Labour Hire Pty Ltd, and they will be covered by its terms and conditions. The decision provides clarity and certainty for both the employer and employees, ensuring that they are aware of their rights and obligations under the agreement.

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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