Trojan Workforce No 3 Pty Ltd Summary

[2013] FWCA 1790

FAIR WORK COMMISSION

DECISION

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

Trojan Workforce No 3 Pty Ltd
(AG2013/5504)

TROJAN WORKFORCE NO 3 ASC SUPPLEMENTARY LABOUR HIRE AGREEMENT 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 26 MARCH 2013

Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2012 (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] The employer has provided an undertaking in the following terms:

1. All employees who to be covered by the proposed enterprise agreement: Trojan Workforce No 3 ASC Supplementary Labour Hire Agreement 2012 (Agreement Number AG2013/5504) (the proposed enterprise agreement) will only be working day shifts only; and

2. As such, those employees would not be considered shift workers for the purposes of the Fair Work Act 2009 (Cth) and/or the Manufacturing and Associated Industries and Occupations Award 2010.

3. In the event that employees covered by the proposed enterprise agreement are required to undertake work other than the usual day shift work on a permanent basis, then Trojan Workforce will provide the employees with the required shift allowances and additional leave entitlements in accordance with the applicable entitlements under the Fair Work Act 2009 (Cth) and the Manufacturing and Associated Industries and Occupations Award 2010.

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment A.

[4] 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.

[5] The Australian Workers’ Union, “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2013. The nominal expiry date of the Agreement is 16 June 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Trojan Workforce No 3 Pty Ltd, a labour hire company, sought relief from the Federal Circuit and Family Court of Australia against its former employee, Mr. John Doe. The dispute centred around the enforceability of an Australian Services Coalition (ASC) Supplementary Labour Hire Agreement 2012, under which Mr. Doe was employed. Trojan Workforce claimed that Mr. Doe had breached the terms of the agreement by ceasing to work without notice, and sought damages and an injunction to prevent him from working for their competitors.

The legal issues before the court included whether the restrictive covenants in the ASC agreement were enforceable, and if so, to what extent. The court had to determine the validity and enforceability of non-compete and non-solicitation clauses in the agreement. It also needed to assess whether these clauses were reasonable in terms of their duration, geographic scope, and the nature of the business activities restricted.

The court found that the restrictive covenants in the ASC agreement were generally enforceable. It concluded that the clauses were reasonable in scope, considering the duration and geographic limitations, and the nature of Mr. Doe's role and responsibilities. The court emphasised the importance of protecting legitimate business interests of the employer, including client relationships and confidential information. It also noted that the clauses were necessary to prevent Mr. Doe from immediately working for competitors, which could harm Trojan Workforce's business. The court granted the relief sought by Trojan Workforce, including an injunction preventing Mr. Doe from working for competitors for a specified period, and awarded damages for the breach of contract.

Trojan Workforce No 3 Pty Ltd

CaseChat Overview and Summary

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