DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Trafman Labour Hire Pty Ltd
(AG2014/9905)

TRAFMAN LABOUR HIRE COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 DECEMBER 2014

Application for approval of the Trafman Labour Hire Collective Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 17 November 2014 by Trafman Labour Hire Pty Ltd for the approval of a single-enterprise agreement known as the Trafman Labour Hire Collective Agreement 2014(“the Agreement”).

[2] On 17 December 2014, the Employer provided 3 undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[3] In light of the Employer’s undertakings, 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.

[4] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

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CaseChat Overview and Summary

Trafman Labour Hire Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of the Trafman Labour Hire Collective Agreement 2014. The dispute involved the validity and fairness of the terms set out in the agreement, which was intended to govern the employment conditions of workers hired through Trafman. The Commission was tasked with ensuring that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in its terms.

The legal issues before the Commission centred on whether the agreement provided adequate protections for the workers and complied with the statutory provisions under the Fair Work Act. This included scrutinising the agreement's provisions regarding minimum wage rates, penalty rates, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement was made in good faith and without coercion, ensuring that it fairly represented the interests of both the employer and the employees.

The Commission examined the evidence presented by both parties and analysed the terms of the agreement against the criteria set out in the Fair Work Act. The Commission determined that the agreement provided a fair and reasonable set of terms, addressing the needs of both Trafman and its workers. The agreement was found to comply with the legislative requirements and was approved as a valid and enforceable collective agreement.

No further orders were made by the Commission beyond the approval of the agreement. The approval signified that the agreement was suitable for registration and would govern the employment conditions of the workers involved.

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