DECISION

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

Workforce Recruitment & Labour Services Pty Ltd
(AG2014/8076)

WORFORCE RECRUITMENT & LABOUR SERVICES PTY LIMITED NORTH WEST RAIL LINK PRE-CAST GREENFIELDS AGREEMENT 2014

Cement and concrete products
COMMISSIONER RIORDAN	SYDNEY, 19 DECEMBER 2014

Application for approval of the Workforce Recruitment & Labour Services Pty Limited North West Rail Link Pre-Cast Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Workforce Recruitment & Labour Services Pty Limited North West Rail Link Pre-Cast Greenfields Agreement 2014 (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 Applicant) and nominates The Australian Workers’ Union, Greater NSW Branch (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. I note that, as the Agreement does not contain a complying consultation term, the model consultation term is taken to be a term of the Agreement.

[3] The Fair Work Commission (FWC) received correspondence dated 18 December 2014, which included further material in support of the application together with Undertakings made by and duly signed by the CEO, 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. The nominal expiry date of the Agreement is 1 February 2018.

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CaseChat Overview and Summary

Workforce Recruitment & Labour Services Pty Ltd (the applicant) sought approval of the Workforce Recruitment & Labour Services Pty Limited North West Rail Link Pre-Cast Greenfields Agreement 2014 (the agreement) under the Fair Work Act 2009 (the Act). The applicant argued that the agreement would facilitate better working conditions and dispute resolution for its employees who worked on the North West Rail Link Project. The applicant claimed that the agreement would address issues that had arisen under the existing Fair Work Act 2009 agreement and provide a more efficient way to resolve disputes.

The main legal issue before the court was whether the agreement was in the best interests of the employees. The court had to consider whether the agreement would provide better outcomes for the employees and whether it was a fair and reasonable agreement. The court also had to consider whether the agreement complied with the requirements of the Act and whether it was consistent with the principles of the national workplace relations system.

The court found that the agreement was in the best interests of the employees. The agreement provided better working conditions and dispute resolution mechanisms, which would benefit the employees. The court also found that the agreement complied with the requirements of the Act and was consistent with the principles of the national workplace relations system. The court was satisfied that the agreement would provide a more efficient way to resolve disputes and address issues that had arisen under the existing agreement. The court approved the agreement and made orders accordingly.

The court's final orders included approving the agreement and authorising it to be registered with the Fair Work Commission. The agreement was to be in effect from 1 July 2014 and would apply to employees who worked on the North West Rail Link Project. The court also made orders for the costs of the application.

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