DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trojan Workforce No.3 Pty Ltd
(AG2021/6699)

THE AMWU AND TROJAN RECRUITMENT SITE SPECIFIC (SORBENT - BOX-HILL) METALS LABOUR HIRE AGREEMENT 2020-2023

Miscellaneous
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 SEPTEMBER 2021

Application for approval of the AMWU and Trojan Recruitment Site Specific (Sorbent - Box Hill) Metals Labour Hire Agreement 2020-2023.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Trojan Recruitment Site Specific (Sorbent - Box Hill) Metals Labour Hire Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Trojan Workforce No.3 Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Trojan Workforce No.3 Pty Ltd applied for approval of the Australian Manufacturing Workers' Union and Trojan Recruitment Site Specific (Sorbent - Box Hill) Metals Labour Hire Agreement 2020-2023. The application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Fair Work Commission if they are to have effect. The AMWU and Trojan Workforce No.3 Pty Ltd sought to have this agreement approved as a simple greenfields agreement.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This included ensuring that the agreement was made in good faith and without coercion, and that it complied with the various provisions of the Act, including those concerning minimum terms and conditions of employment. The Commission also had to consider whether the agreement provided for appropriate protections for employees, including provisions for pay rates, working hours, leave entitlements, and dispute resolution mechanisms.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and without any form of coercion. The Commission also found that the agreement complied with all statutory requirements under the Fair Work Act, including those provisions concerning minimum terms and conditions of employment. The Commission noted that the agreement provided for appropriate protections for employees, including provisions for pay rates, working hours, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved it.

The Fair Work Commission approved the Australian Manufacturing Workers' Union and Trojan Recruitment Site Specific (Sorbent - Box Hill) Metals Labour Hire Agreement 2020-2023, effective from 1 July 2020. The Commission found that the agreement met all statutory requirements under the Fair Work Act and provided appropriate protections for employees. The agreement will now be registered with the Fair Work Commission and will have effect as a registered agreement under the Fair Work Act.

Trojan Workforce No.3 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