DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zodiac Labour Hire Pty Ltd
(AG2017/4302)

ZODIAC LABOUR HIRE PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017-2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Zodiac Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Zodiac Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Zodiac Labour Hire Pty Ltd. The Agreement is a single enterprise agreement.

[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] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Zodiac Labour Hire Pty Ltd applied for approval of the Zodiac Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, with the application heard by the Fair Work Commission. The Australian Manufacturing Workers' Union contested the application, raising objections to certain provisions within the agreement. The central legal issues the Commission needed to address included whether the agreement complied with the requirements of the Fair Work Act 2009 and if it appropriately balanced the interests of employers and employees.

In delivering its decision, the Commission examined the agreement's provisions, particularly those contested by the Union. The Commission found that while some provisions could be improved to better reflect the principles of fairness and balance, the overall agreement did not contravene the Act. The Commission highlighted that the agreement met the necessary standards for approval, including provisions that addressed minimum wages, penalties for breaches, and dispute resolution mechanisms. The Commission also took into account the broader context of the industry and the need to support legitimate business operations.

As a result of its findings, the Commission approved the Zodiac Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020, subject to certain modifications. These modifications included amendments to specific clauses that were deemed not to adequately protect employee rights. The Commission's decision balanced the need for an agreement that was fair and reasonable for both parties, while also ensuring compliance with the statutory requirements under the Fair Work Act 2009. The final orders included the approval of the agreement with the specified modifications, allowing it to come into effect as per the agreed terms.

Zodiac Labour Hire 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