DECISION

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

Workforce Recruitment and Labour Services Pty Ltd
(AG2014/8340)

WORKFORCE RECRUITMENT AND LABOUR SERVICES QENOS BOTANY PLANT CADETSHIP UNION AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 16 DECEMBER 2014

Application for approval of the Workforce Recruitment and Labour Services Qenos Botany Plant Cadetship Union Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Recruitment and Labour Services Qenos Botany Plant Cadetship Union Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Construction, Forestry, Mining and Energy Union and the Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 23 December 2014. The nominal expiry date of the Agreement is 30 October 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment and Labour Services Pty Ltd applied to the Fair Work Commission for approval of the Workforce Recruitment and Labour Services Qenos Botany Plant Cadetship Union Agreement 2014. The applicant was a provider of labour hire services, and the respondents were two unions representing workers employed under cadetship agreements. The unions challenged the agreement on the basis it was not in the best interests of the employees, and it was not consistent with the provisions of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the requirements of the Act. The unions argued that the agreement did not provide sufficient protections for the employees, particularly in relation to wages and conditions. The applicant argued that the agreement was in the best interests of the employees and provided for a fair and reasonable outcome.

The Commission found that the agreement was in the best interests of the employees and complied with the requirements of the Act. The Commission noted that the agreement provided for a structured cadetship program that would provide the employees with valuable skills and training, and that the wages and conditions were consistent with industry standards. The Commission also found that the agreement provided for appropriate protections for the employees, including provisions for dispute resolution and termination of employment.

The Commission approved the agreement, and it will now be registered as a workplace determination. The decision is final and binding, and cannot be challenged in any court or tribunal. The applicant may now proceed with implementing the agreement with the employees at the Qenos Botany Plant.

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