Workforce Recruitment & Labour Services Pty Ltd

[2015] FWCA 5273

[2015] FWCA 5273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Workforce Recruitment & Labour Services Pty Ltd
(AG2015/3407)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, LAUNCHING GANTRY GREENFIELD AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 AUGUST 2015

Application for approval of the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015.

[1] An application has been made for approval of a greenfields agreement known as the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015 (Agreement). The application was made by Workforce Recruitment & Labour Services Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[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] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. Subject to the undertakings referred to above, 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 is 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] 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 this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2015. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Annexure A:

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