DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trojan Workforce Pty Ltd TWF3
(AG2018/5497)

TROJAN WORKFORCE NO.3 ASC SUPPLEMENTARY LABOUR HIRE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Trojan Workforce No.3 ASC Supplementary Labour Hire Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Trojan Workforce No.3 ASC Supplementary Labour Hire Agreement 2017-2020 (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 Pty Ltd TWF3. The Agreement is a single enterprise agreement.

[2] Written undertakings have been given in accordance with s.190 of the Act. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union, 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) 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 16 November 2018. The nominal expiry date of the Agreement is 27 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Trojan Workforce Pty Ltd, applied to the Fair Work Commission for approval of the Trojan Workforce No. 3 ASC Supplementary Labour Hire Agreement 2017-2020, which was to be used between the applicant and its employees, who are members of the Australian Services Union. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was a genuine agreement as required by the legislation. Specifically, the Commission needed to determine if the agreement had been negotiated in good faith and if it provided appropriate protections for employees. Additionally, the Commission considered whether the agreement adequately balanced the interests of both the employer and the employees.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuine and had been negotiated in good faith. The Commission was satisfied that the agreement provided appropriate protections for employees, including provisions for minimum wages, penalty rates, leave entitlements, and other conditions of employment. The Commission also noted that the agreement included a dispute resolution process, which it considered a positive aspect of the proposed agreement. Consequently, the Commission approved the proposed agreement.

The Fair Work Commission approved the Trojan Workforce No. 3 ASC Supplementary Labour Hire Agreement 2017-2020, effective from 1 July 2017 to 30 June 2020. This decision provides a clear framework for the employment conditions of the relevant workforce during the specified period.

Trojan Workforce Pty Ltd TWF3

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established