DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zodiac Labour Hire Pty Ltd
(AG2016/5980)

ZODIAC LABOUR HIRE PTY LTD METALS LABOUR HIRE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 13 OCTOBER 2016

Application for approval of the Zodiac Labour Hire Pty Ltd Metals Labour Hire Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Zodiac Labour Hire Pty Ltd Metals Labour Hire Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 13 October 2016 and, in accordance with s.54, will operate from 20 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zodiac Labour Hire Pty Ltd applied for the Fair Work Commission's approval of the Zodiac Labour Hire Pty Ltd Metals Labour Hire Agreement 2016. The applicant is a labour hire business that employs workers and then hires them out to other businesses, in this case, within the metals industry. The Fair Work Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009 for an approved labour hire agreement.

The key legal issues included whether the agreement provided adequate protections for workers, including minimum rates of pay, entitlements, and conditions that were not less favourable than those provided for in an applicable award or registered agreement. The court also had to consider whether the agreement provided for effective dispute resolution processes and whether the agreement was compliant with the transparency and good faith bargaining provisions of the Act.

The Fair Work Commission found that the agreement met the requirements of the Act. The agreement provided for minimum rates of pay and entitlements that were not less favourable than those in the relevant award or registered agreement. The agreement also contained provisions for effective dispute resolution and met the transparency and good faith bargaining requirements. The Commission approved the agreement, finding that it provided appropriate protections for workers and facilitated the efficient operation of the labour hire business. The Commission did not make any orders as the approval of the agreement was the relief sought by the applicant.

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