Trafman Labour Hire Pty Ltd

Case

[2022] FWCA 3933

9 NOVEMBER 2022


[2022] FWCA 3933

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trafman Labour Hire Pty Ltd

(AG2022/4334)

Trafman Labour Hire Collective Agreement 2022

Building, metal and civil construction industries

DEPUTY PRESIDENT BELL

MELBOURNE, 9 NOVEMBER 2022

Application for approval of the Trafman Labour Hire Collective Agreement 2022.

  1. An application has been made for approval of an enterprise agreement known as the Trafman Labour Hire Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Employer, Trafman Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement was approved on 9 November 2022 and, in accordance with s.54, will operate from 16 November 2022. The nominal expiry date of the Agreement is 30 June 2025.


DEPUTY PRESIDENT

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Annexure A

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