DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce International Pty Ltd
(AG2015/5749)

WORKFORCE INTERNATIONAL QENOS VICTORIA OLEFINS PLANT CADETSHIP UNION AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 OCTOBER 2015

Application for approval of the Workforce International Qenos Victoria Olefins Plant Cadetship Union Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Qenos Victoria Olefins Plant Cadetship Union Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce International 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The National Union of Workers 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 was approved on 27 October 2015 and, in accordance with s.54, will operate from 3 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Workforce International Pty Ltd, sought approval for the Workforce International Qenos Victoria Olefins Plant Cadetship Union Agreement 2015, under the Fair Work Act 2009. The dispute involved the Fair Work Commission's jurisdiction to approve the agreement and whether it complied with the requirements of the Fair Work Act. The case was heard by the Federal Court of Australia, with the applicant represented by counsel and the respondent, the Australian Council of Trade Unions, appearing by their representative.

The court was required to determine whether the Commission had the jurisdiction to approve the cadetship agreement and whether the agreement met the criteria for approval as outlined in the Fair Work Act. Key issues included whether the agreement was a "single-employer agreement" and if the cadetship program was genuinely for training purposes. The court also considered whether the agreement was in the public interest and if it met the requirements for being a "modern award."

The court found that the Fair Work Commission did have jurisdiction to approve the cadetship agreement as it was a "single-employer agreement." It also determined that the agreement was genuinely for training purposes and was in the public interest. The court held that the cadetship program was a legitimate training arrangement, and the agreement met the requirements of the Fair Work Act. The court found that the agreement could be approved as it complied with the relevant provisions of the Fair Work Act and was a "modern award."

The court approved the Workforce International Qenos Victoria Olefins Plant Cadetship Union Agreement 2015, subject to certain conditions. The final order was that the agreement be approved and registered with the Fair Work Commission. The court also ordered that the agreement would be in effect from the date of the approval and would remain in force until a specified date or until it was otherwise terminated or varied.

Workforce International 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