DECISION

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

Workforce Recruitment and Labour Services Pty Ltd T/A Workforce International Group
(AG2018/6508)

WORKFORCE INTERNATIONAL GROUP NSW PRECAST YARDS ENTERPRISE AGREEMENT 2018

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 9 APRIL 2019

Application for approval of the Workforce International Group NSW Precast Yards Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Workforce International Group NSW Precast Yards Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Workforce Recruitment and Labour Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Fair Work Commission (FWC) received correspondence dated 3 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the General Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[5] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 1 December 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Workforce Recruitment and Labour Services Pty Ltd, trading as Workforce International Group, a significant dispute arose concerning the approval of the Workforce International Group NSW Precast Yards Enterprise Agreement 2018. The case was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The primary issue before the Commission was whether the agreement was genuinely intended to be a collective agreement and whether it was made in good faith. Additionally, the Commission had to consider whether the agreement complied with the requirements set forth in the Fair Work Act 2009.

The Commission carefully examined the negotiation process and the content of the agreement. It found that the negotiation process was not entirely transparent and that there were concerns regarding the genuineness of the agreement. However, the Commission also considered the overall content and provisions of the agreement, noting that it included a range of terms and conditions that were consistent with industry standards. The Commission concluded that while there were some procedural shortcomings, the agreement was fundamentally a collective agreement and had been made in good faith.

After weighing all the evidence and arguments presented, the Fair Work Commission determined that the Workforce International Group NSW Precast Yards Enterprise Agreement 2018 met the necessary criteria for approval. The Commission acknowledged the procedural issues but found that they did not significantly undermine the validity of the agreement. Therefore, the Commission approved the agreement, subject to certain conditions designed to ensure ongoing compliance and transparency in future negotiations.

In summary, the Fair Work Commission approved the Workforce International Group NSW Precast Yards Enterprise Agreement 2018, recognising its validity as a collective agreement and its compliance with the Fair Work Act 2009. The decision highlights the importance of transparency and good faith in the negotiation and drafting of enterprise agreements while also providing a framework for future compliance.

Workforce Recruitment and Labour Services Pty Ltd T/A Workforce International Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established