DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Zodiac Labour Hire Pty Ltd
(AG2016/1159)

ZODIAC LABOUR HIRE PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 17 MAY 2016

Application for approval of the ZODIAC LABOUR HIRE PTY LTD and AMWU Metal Engineering On-Site Construction Agreement 2014.

[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 2014 (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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 24 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Zodiac Labour Hire Pty Ltd applied for the approval of their enterprise agreement under the Fair Work Act 2009. The Australian Manufacturing Workers' Union was a party to the agreement, while the Australian Building and Construction Commission, representing the interests of employees, opposed the application. The application came before the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the "better off overall test" as mandated by the legislation. This test required that employees be at least as well off, financially and in terms of conditions, under the new agreement as they would be under the applicable award or safety net.

The Commission considered various aspects of the agreement, including the proposed wage rates, penalty rates, and other conditions of employment. The Commission found that the proposed agreement did indeed meet the better off overall test, as it provided employees with improved conditions and wages compared to the applicable award. The Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both employers and employees. Therefore, the Commission approved the Zodiac Labour Hire Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014. This decision provided a legally binding framework for employment conditions between Zodiac Labour Hire Pty Ltd and its employees represented by the AMWU.

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