DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trafman Labour Hire Pty Ltd
(AG2019/4697)

TRAFMAN LABOUR HIRE COLLECTIVE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 31 JANUARY 2020

Application for approval of the Trafman Labour Hire Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Trafman Labour Hire Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Trafman Labour Hire Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings, 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 undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2020. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Trafman Labour Hire Pty Ltd, which applied for the approval of the Trafman Labour Hire Collective Agreement 2018. The application was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to ensure the enforcement of workplace laws. The application for approval was lodged by Trafman Labour Hire, a company engaged in labour hire services, seeking to have their collective agreement validated. The dispute centred on whether the agreement complied with the legal requirements set out in the Fair Work Act, particularly focusing on whether the agreement was made in good faith and whether it was intended to be binding on all employees.

The legal issues the court had to resolve included the interpretation of the terms of the agreement, the process by which the agreement was formed, and the compliance of the agreement with the statutory framework governing collective agreements. Specifically, the court had to determine whether the agreement was genuinely negotiated between the employer and the employees, and whether it was entered into in good faith. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it aligned with the provisions of the Fair Work Act.

The Fair Work Commission assessed the evidence and submissions presented by both parties, focusing on the negotiation process and the content of the agreement. The Commission determined that the agreement was indeed negotiated in good faith and was intended to be binding on all relevant employees. The court found that the agreement contained terms and conditions that were fair and reasonable, and it concluded that the agreement complied with the requirements of the Fair Work Act. Consequently, the application for approval of the Trafman Labour Hire Collective Agreement 2018 was granted.

The Commission's final orders included the approval of the collective agreement, which became binding on all parties involved. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationships between Trafman Labour Hire and its employees. The approval process confirms that the agreement meets the statutory criteria and provides a framework for fair and effective workplace relations.

Trafman Labour Hire 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