Application for approval of the AMWU and Sheforce Labour Hire Pty Ltd Metal Labour Hire Agreement 2023-2026

[1] An application has been made for approval of a greenfields agreement known as the AMWU and Sheforce Labour Hire Pty Ltd Metal Labour Hire Agreement 2023-2026 (the Agreement). The application was made by Sheforce Labour Hire Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s. 172(2)(b) of the Act. 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.

[3] In accordance with s.187(5)(a) of the Act, I am satisfied that "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) 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.

[4] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. The undertakings are taken to be a term of the Agreement.

[5] I observe that clause 19 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting the undertakings referred to above, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) and that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54, will operate from 9 June 2025. The nominal expiry date of the Agreement is 30 June 2026.

Printed by authority of the Commonwealth Government Printer