2U Group Pty Ltd T/A People 2U Summary

[2022] FWCA 7

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

2U Group Pty Ltd T/A People 2U

(AG2021/8966)

AMWU AND 2U GROUP PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 4 JANUARY 2022

Application for approval of the AMWU AND 2U GROUP PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022

2U Group Pty Ltd T/A People 2U (the Employer) has made an application for approval of a greenfields agreement known as the AMWU AND 2U GROUP PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

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. In accordance with s 187(5)(a) of the Act, I am satisfied that the "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.

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

The Agreement was approved on 4 January 2022 and, in accordance with s 54, will operate from 11 January 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Australian Manufacturing Workers' Union (AMWU) and 2U Group Pty Ltd, trading as People 2U. The enterprise in question was engaged in the Metal Engineering works associated with the Melbourne Metro Tunnel and Stations Project. The agreement was for the period from 2018 to 2022. The primary dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in relation to the certification process and the provisions within the agreement.

The legal issues that the Fair Work Commission was required to address included whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission had to consider if the agreement was fair and whether it complied with the relevant provisions of the Act. A key concern was whether the agreement appropriately balanced the interests of the employer and the employees, particularly in the context of the significant industrial project involved.

In examining these issues, the Fair Work Commission found that the application met the statutory criteria for approval. The Commission determined that the agreement had been made in good faith and contained all the necessary minimum terms and conditions. It was satisfied that the agreement was fair and balanced, taking into account the specific nature of the project and the roles of the parties involved. Consequently, the Commission approved the agreement, acknowledging the efforts of both parties in reaching a mutually beneficial outcome.

The final orders of the Fair Work Commission were that the Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018-2022 between the AMWU and 2U Group Pty Ltd be approved as a registered agreement. The approval was effective from the date of the Commission's decision, providing a legal framework for the employment conditions within the specified project for the duration of the agreement.

2U Group Pty Ltd T/A People 2U

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established