Tribute Labour Hire Pty Ltd

[2014] FWCA 6627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tribute Labour Hire Pty Ltd
(AG2014/8515)

TRIBUTE LABOUR HIRE PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2014

Application for approval of the Tribute Labour Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Tribute Labour Hire Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tribute Labour Hire Pty Ltd. The Agreement is a greenfields agreement.

[2] 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.

[3] 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.

[4] I am satisfied that The Australian Workers’ Union, the employee organisation to be covered by the agreement, 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.

[5] The Agreement was approved on 25 September 2014 and, in accordance with s.54, will operate from 2 October 2014. The nominal expiry date of the Agreement is 25 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Tribute Labour Hire Pty Ltd for the approval of the Roy Hill AWU Greenfields Agreement 2014. The applicant sought the court's approval under the Fair Work Act 2009. The dispute centred around the terms and conditions of the proposed agreement, particularly concerning the classification of workers and the wages and conditions applicable to them.

The court had to determine whether the agreement was fair and reasonable and if it met the criteria for approval under the Fair Work Act. This involved examining the fairness of the terms and conditions of the agreement, ensuring they did not disadvantage the workers, and assessing whether the agreement provided adequate protections and benefits. The court also considered whether the agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion.

The court found the agreement to be fair and reasonable, meeting all statutory requirements for approval. The terms were considered balanced and did not disadvantage the workers. The court approved the agreement, emphasising the importance of ensuring fair and reasonable terms for all parties involved. The final orders granted approval of the Roy Hill AWU Greenfields Agreement 2014, effective from the date of the court's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established