DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce International Pty Ltd
(AG2015/6753)

WORKFORCE INTERNATIONAL QENOS POLYMERS (PLASTICS / RESINS) PLANT CADETSHIP UNION AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 DECEMBER 2015

Application for approval of the Workforce International Qenos Polymers (Plastics / Resins) Plant Cadetship Union Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Qenos Polymers (Plastics / Resins) 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] The Applicant has provided written undertakings. 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. 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.

[4] The Australian Workers’ Union 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.

[5] The Agreement was approved on 4 December 2015 and, in accordance with s.54, will operate from 11 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Workforce International Pty Ltd sought approval of a cadetship agreement under the Fair Work Act 2009. The agreement was a collective agreement between the company and a union, designed to establish terms and conditions for cadetship placements. The application was brought before the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the legislation.

The key legal issues addressed by the Commission were whether the agreement provided for the proper management and training of cadets, ensured that the cadetship did not displace employment of permanent staff, and did not unfairly disadvantage other employees. The Commission considered submissions from both Workforce International and the union, as well as evidence about the nature of the cadetship program and its impact on existing employees.

In evaluating the application, the Commission took into account the overall structure and provisions of the agreement. It assessed whether the agreement provided adequate safeguards to ensure that the cadetship program would not result in the displacement of regular employees or undermine their job security. The Commission also examined whether the agreement ensured that cadets would receive appropriate training and supervision, and that their work would contribute positively to the business operations. Ultimately, the Commission found that the agreement met the statutory requirements and approved the cadetship agreement.

The Commission's decision confirmed the approval of the Workforce International Qenos Polymers (Plastics / Resins) Plant Cadetship Union Agreement 2015. The approval allowed the agreement to be registered, making it a legally binding instrument for the parties involved. The decision underscored the importance of cadetship agreements being carefully structured to meet the statutory criteria, ensuring they promote fair and effective training while safeguarding the interests of both cadets and existing employees.

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