DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zodiac Labour Hire Pty Ltd
(AG2016/1160)

AMWU AND ZODIAC LABOUR HIRE PTY LTD METALS LABOUR HIRE AGREEMENT 2013 - 2016

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 MAY 2016

Application for approval of the AMWU and ZODIAC LABOUR HIRE PTY LTD Metals Labour Hire Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and ZODIAC LABOUR HIRE PTY LTD Metals Labour Hire Agreement 2013 - 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zodiac Labour Hire Pty Ltd applied to the Fair Work Commission for approval of a labour hire agreement with the Australian Manufacturing Workers' Union. The application was contested by the union, which argued that the proposed agreement did not meet the requirements for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement was consistent with the relevant provisions of the Act and whether it was in the best interests of the employees covered by the agreement.

The key legal issue before the Commission was whether the agreement complied with the requirements of section 235 of the Act, which sets out the conditions that must be met for an enterprise agreement to be approved. The Commission considered whether the agreement contained the prescribed terms, whether it had been negotiated in good faith, and whether it was likely to achieve better industrial relations outcomes for the employees covered by the agreement. The Commission also considered whether the agreement was in the best interests of the employees, taking into account their rights and entitlements under the National Employment Standards and other relevant legislation.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement was consistent with the requirements of the Act and was in the best interests of the employees. The Commission noted that the agreement contained all the prescribed terms, had been negotiated in good faith, and was likely to achieve better industrial relations outcomes for the employees. The Commission also found that the agreement was in the best interests of the employees, as it provided them with appropriate protections and entitlements, and did not result in any adverse consequences for them. The Commission therefore approved the agreement.

The Commission's decision was that the proposed labour hire agreement between Zodiac Labour Hire Pty Ltd and the Australian Manufacturing Workers' Union was approved under the Fair Work Act 2009. The agreement was to be registered and would have effect from the date of the Commission's decision. The union's application to set aside the approval was dismissed.

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