DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Cog (Vic) Pty Ltd
(AG2016/7864)

THE COG (VIC) PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 7 MARCH 2017

Application for approval of THE COG (VIC) PTY LTD Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise Agreement known as THE COG (VIC) PTY LTD Metals Labour Hire Agreement 2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Cog (Vic) Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 14 March 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Deputy President was an application for the approval of a Metal Labour Hire Agreement 2016, lodged by The Cog (Vic) Pty Ltd. The applicant sought the agreement's approval under section 235 of the Fair Work Act 2009, aiming to standardise the terms of employment for labour hire workers in the metal industry. The dispute arose from the need to streamline employment conditions and address discrepancies among different labour hire arrangements.

The legal issues before the Deputy President involved whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act. This included ensuring that the agreement met the provisions for simplicity, transparency, and clarity, and that it did not undermine the protections provided under the Fair Work Act or the National Employment Standards. Additionally, the court needed to consider whether the agreement was fair and reasonable, taking into account the interests of both employers and employees.

In delivering the decision, the Deputy President carefully examined the terms of the proposed agreement against the statutory criteria. The agreement was found to be clear, concise, and easy to understand, which aligned with the requirements for simplicity. It was also noted that the agreement did not detract from the protections afforded by the Fair Work Act and the National Employment Standards. Furthermore, the Deputy President was satisfied that the agreement was fair and reasonable, balancing the interests of both parties. Consequently, the application for approval was granted, and the Metal Labour Hire Agreement 2016 was approved.

The Cog (Vic) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established