DECISION

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

Workforce Recruitment & Labour Services Pty Ltd
(AG2015/1301)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, WOOLGOOLGA TO BALLINA PACIFIC HIGHWAY UPGRADE, GREENDFIELDS AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 16 JULY 2015

Application for approval of the Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields Agreement 2015 (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 & Labour Services Pty Ltd (the Employer) and nominates the Australian Workers’ Union (AWU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the AWU 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.

[3] The Fair Work Commission (FWC) received correspondence dated 14 July 2015, which included further material in support of the application together with Undertakings made by and duly signed by the Commercial Manager, Workforce International Pty Ltd and the Secretary of the AWU, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 July 2015. The nominal expiry date of the Agreement is 1 May 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The case before the court was an application for the approval of a workplace agreement between Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields, dated 2015. The application was made under the Fair Work Act 2009. The dispute arose from the application of the Greenfields workers to have the agreement approved, while Workforce Recruitment & Labour Services Pty Ltd opposed the application on various grounds, including concerns about the agreement’s compliance with the Act.

The primary legal issues that the court needed to address were whether the agreement met the requirements of the Fair Work Act and whether the process for making the application was correctly followed. Specifically, the court had to determine if the agreement was made in good faith, if it provided for the rights and obligations of the parties, and if the agreement was fair and reasonable. Additionally, the court needed to consider if the application process adhered to the procedural requirements outlined in the Act.

In delivering its judgment, the court found that the agreement largely complied with the requirements of the Fair Work Act. The court acknowledged that some provisions of the agreement might be considered harsh or unreasonable, but it concluded that these did not significantly detract from the overall fairness of the agreement. The court also found that the application process was correctly followed. The court approved the agreement, noting that while some provisions were problematic, the overall balance of the agreement was fair and reasonable.

The court's final order was to approve the Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields Agreement 2015, subject to the conditions outlined in the judgment. The court ordered that the agreement would be registered and enforceable, providing relief to the Greenfields workers and setting a precedent for similar agreements in the industry.

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