DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria Pty Ltd
(AG2016/6579)

TRI TECH REFRIGERATION SERVICES PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Trustee for Tri Tech Refrigeration Victoria Unit Trust, trading as Tri Tech Refrigeration Victoria Pty Ltd, who sought approval of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016. The dispute arose from the need to validate the agreement's terms concerning the employment of labour hire workers within the metals industry. The case was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the terms of the labour hire agreement complied with the applicable industrial instruments and legislative requirements. Specifically, the Commission needed to determine whether the agreement's provisions, including those relating to wages, working conditions, and the responsibilities of both the labour hire company and the hiring entity, adhered to the standards set out in the relevant industrial awards and the Fair Work Act 2009.

The Commission approached the matter by first considering the overall framework of the labour hire industry and the specific protections afforded to workers under the Fair Work Act and the applicable awards. It examined the provisions of the Tri Tech Refrigeration Services Pty Ltd Metals Labour Hire Agreement 2016, assessing them against the criteria for fair and reasonable terms. The Commission took into account the nature of the work, the rights and obligations of the labour hire workers, and the balance of responsibilities between the labour hire company and the hiring entity. After thorough consideration, the Commission concluded that the agreement contained terms that were fair and reasonable, and thus approved the agreement in its entirety. The decision was made in the interest of ensuring compliance with the legislative and industrial standards while also recognising the practical realities of the labour hire industry.

The Trustee for Tri Tech Refrigeration Victoria Unit Trust T/A Tri Tech Refrigeration Victoria 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