Bluey Technologies Pty Ltd

[2022] FWCA 831

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bluey Technologies Pty Ltd

(AG2022/412)

Bluey Technologies Pty Ltd New South Wales Enterprise Agreement 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT ASBURY	BRISBANE, 9 MARCH 2022

Application for approval of the Bluey Technologies Pty Ltd New South Wales Enterprise Agreement 2022

Bluey Technologies Pty Ltd applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the Bluey Technologies Pty Ltd New South Wales Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Undertakings were provided by the Employer in response to concerns the Commission held in relation to the operation of a certain clause and whether the Agreement passes the better off overall test. A copy of the Undertakings is attached as Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.

The views of each person or organisation the Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings. Pursuant to subsection 190(3) of the Act, I accept the Undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

I am satisfied, on the basis of information set out in the Form F16 Application for approval of an enterprise agreement, the Form F17 Employer’s declaration in support of an application for approval of the Agreement and responses to requests for further information provided by the Applicant, that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A), and on the basis of the information contained in the Form F17, I am satisfied that the group of employees covered by the Agreement was fairly chosen.

The Agreement is approved in accordance with s.54 of the Act and will operate from 16 March 2022. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In the matter of Bluey Technologies Pty Ltd, the Fair Work Commission was asked to approve a proposed enterprise agreement between the company and its employees. The agreement contained various provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The Commission's role was to ensure that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable in all the circumstances.

The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act. This included assessing whether the agreement contained the minimum terms and conditions mandated by the Act, as well as whether the agreement had been made in good faith and without coercion. The Commission also had to consider whether the agreement was likely to promote harmonious, productive, and cooperative workplace relations.

After reviewing the evidence and submissions from both parties, the Commission found that the proposed agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement contained all the mandated minimum terms and conditions, and that it had been made in good faith and without coercion. The Commission also concluded that the agreement was likely to promote harmonious, productive, and cooperative workplace relations. Accordingly, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Bluey Technologies Pty Ltd New South Wales Enterprise Agreement 2022, finding that it met the requirements of the Fair Work Act and was likely to promote harmonious, productive, and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established