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

[2021] FWCA 7333

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

2U Group Pty Ltd T/A People 2U
(AG2021/8962)

AMWU & 2U GROUP PTY LTD METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020 - 2023

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 30 DECEMBER 2021

Application for approval of the AMWU & 2U GROUP PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023

[1] An application has been made for approval of greenfields agreement known as the AMWU & 2U GROUP PTY LTD Metal Engineering On-Site Construction Agreement 2020 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 2U Group Pty Ltd T/A People 2U.

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

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved 2U Group Pty Ltd, trading as People 2U, and the Australian Manufacturing Workers' Union (AMWU). The dispute centred on the approval of a proposed Metal Engineering On-Site Construction Agreement for the period 2020 to 2023. The AMWU sought the Commission's approval of the agreement, which was intended to govern the terms and conditions of employment for workers in the metal engineering sector on construction sites. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and did not undermine the rights and protections afforded to employees under Australian labour law.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements set forth in the Fair Work Act, including compliance with the "better off overall test" (BOOT) and the "no disadvantage test" (NDT). The Commission needed to determine if the agreement provided employees with terms and conditions that were at least as good as, or better than, those provided by the relevant award or existing enterprise agreement, and whether it disadvantaged any group of employees in comparison to their situation before the agreement was made. Furthermore, the Commission examined whether the agreement contained provisions that were necessary to facilitate the efficient operation of the workplace or industry and whether it adhered to the principles of good faith bargaining.

After considering the submissions and evidence presented by both parties, the Commission found that the proposed Metal Engineering On-Site Construction Agreement met the necessary statutory requirements. The Commission determined that the agreement provided employees with terms and conditions that were at least as good as, if not better than, those provided by the relevant award. It was also concluded that the agreement did not disadvantage any group of employees and contained provisions that were necessary for the efficient operation of the workplace. The Commission emphasised the importance of the agreement in addressing specific needs and circumstances of the metal engineering industry on construction sites, thereby facilitating effective and efficient workplace relations. Based on these findings, the Commission approved the agreement, ensuring that it would be binding on the parties for the specified period.

As a result of the Commission's decision, the Metal Engineering On-Site Construction Agreement 2020-2023 between 2U Group Pty Ltd and the AMWU was approved and registered. The agreement will now serve as the basis for the terms and conditions of employment for workers in the metal engineering sector on construction sites, providing a framework that balances the interests of both employers and employees while promoting efficient and productive workplace relations.

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