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:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment & Labour Services Pty Ltd applied for approval of the Workforce Recruitment & Labour Services Pty Ltd, Launching Gantry Greenfield Agreement 2015. The application was heard by the Fair Work Commission (FWC), and the parties involved were Workforce Recruitment & Labour Services Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary dispute centred around the terms and conditions of the proposed enterprise agreement and whether it met the criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC involved assessing whether the proposed agreement provided for a fair and equitable resolution of the employees' terms and conditions of employment. This included evaluating the agreement against various legislative criteria, such as ensuring it did not disadvantage employees, provided for genuine bargaining, and met the "better off overall test." The FWC also needed to consider if the agreement provided adequate protections for employees and if it complied with relevant industrial laws and standards.

In making its decision, the FWC considered extensive submissions from both parties and undertook a detailed analysis of the proposed agreement's provisions. The FWC found that the agreement met the necessary legislative requirements, including providing for a genuine resolution of the terms and conditions of employment. The FWC concluded that the agreement was fair and equitable, providing employees with appropriate protections and meeting the better off overall test. Consequently, the FWC approved the proposed enterprise agreement.

Workforce Recruitment & 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