DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Recruitment and Labour Services Pty Ltd
(AG2016/4106)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, WESTCONNEX PROJECT GREENFIELD AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Workforce Recruitment & Labour Services Pty Ltd, WestConnex Project Greenfield Agreement 2016.

[1] An application has been made for approval of a greenfields agreement known as the Workforce Recruitment & Labour Services Pty Ltd, WestConnex Project Greenfield Agreement 2016 (Agreement). The application was made by Workforce Recruitment & Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 September 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment and Labour Services Pty Ltd sought approval from the Fair Work Commission for the Workforce Recruitment & Labour Services Pty Ltd, WestConnex Project Greenfield Agreement 2016. The applicant was a labour hire company that provided workers to the WestConnex Project, a major infrastructure project in New South Wales. The dispute centred around the terms and conditions of the proposed agreement, which the applicant claimed would ensure fair and reasonable terms for its workers, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union, argued that the proposed agreement did not provide adequate protections for workers.

The legal issues before the court were whether the proposed agreement was a "better off overall test" (BOOT) agreement, which would allow it to be approved even if some workers would be worse off, and whether the agreement provided appropriate protections for workers, including adequate pay and conditions, and appropriate dispute resolution mechanisms. The court had to consider the relevant legislation, including the Fair Work Act 2009, and the principles of good faith bargaining and the protection of workers' rights.

The court found that the proposed agreement met the BOOT and was in the best interests of the workers. The court noted that the agreement provided for a significant increase in pay rates for workers, as well as improved conditions, such as access to training and career development opportunities. The court also found that the agreement provided appropriate dispute resolution mechanisms, including the ability for workers to raise concerns directly with the applicant or through their union. The court was satisfied that the applicant had engaged in good faith bargaining with the union and that the agreement provided appropriate protections for workers.

The court approved the Workforce Recruitment & Labour Services Pty Ltd, WestConnex Project Greenfield Agreement 2016, subject to certain conditions, including a requirement for the applicant to provide regular reports to the Fair Work Commission on the operation of the agreement. The court noted that the agreement would provide significant benefits to workers on the WestConnex Project and that it was in the best interests of the workers and the broader community.

Workforce Recruitment and Labour Services 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