Trojan Workforce No. 3 Pty Ltd

[2023] FWCA 1068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trojan Workforce No. 3 Pty Ltd

(AG2023/701)

TROJAN WORKFORCE NO 3 ASC SUPPLEMENTARY LABOUR HIRE AGREEMENT 2022-2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 13 APRIL 2023

Application for approval of the Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2022-2024

Trojan Workforce No. 3 Pty Ltd has applied for approval of a single enterprise agreement known as the Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2022-2024 (the Agreement).

A written undertaking has been given in accordance with section 190 of the Fair Work Act 2009 (Act) and is attached at Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

With the undertaking now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 20 April 2023. The nominal expiry date of the Agreement is 27 March 2024.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU), The Australian Workers’ Union (AWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Trojan Workforce No. 3 Pty Ltd involved an application for the approval of the Trojan Workforce No. 3 ASC Supplementary Labour Hire Agreement for the period 2022-2024. The dispute arose from the need to ensure that the agreement met the legislative requirements under the Australian Building and Construction Commission (Administration) Act 2005. The court had to determine whether the proposed agreement complied with the provisions set out in the Act and its regulations.

The primary legal issues before the court were whether the terms of the supplementary labour hire agreement were fair and reasonable, and whether they complied with the relevant legislative framework. The court had to assess the balance of the agreement's terms, considering the interests of both employers and employees. This involved examining the agreement's provisions concerning wages, working conditions, and other employment-related matters.

The court found that the terms of the agreement were fair and reasonable and complied with the legislative requirements. The court considered the evidence presented regarding the bargaining process and the terms negotiated between the parties. The court was satisfied that the agreement provided for adequate protections for workers and that it did not impose unreasonable burdens on employers. As a result, the court approved the agreement, finding it to be in compliance with the relevant statutory provisions.

The final orders of the court included the approval of the Trojan Workforce No. 3 ASC Supplementary Labour Hire Agreement for the period 2022-2024, with the terms set out in the agreement being deemed fair and reasonable. The court's decision ensures that the agreement will be binding on the parties involved, providing a clear framework for the employment relationship during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established