DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluey Technologies Pty Ltd
(AG2021/6066)

BLUEY TECHNOLOGIES PTY LTD & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 19 JULY 2021

Application for approval of the Bluey Technologies Pty Ltd & The Australian Workers’ Union Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bluey Technologies Pty Ltd & The Australian Workers’ Union Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bluey Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union 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, will operate from 26 July 2021. The nominal expiry date of the Agreement is 28 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involves an application by Bluey Technologies Pty Ltd to approve an enterprise agreement with the Australian Workers’ Union. The applicant sought to finalise the terms and conditions of employment for its employees, who are represented by the union. The application was heard in the Fair Work Commission, Australia's independent national workplace relations tribunal.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act 2009, including the provision of procedural fairness to employees and compliance with the Fair Work (Registered Organisations) Act 2009. The court had to assess if the agreement contained all the mandated terms and conditions, was free from prohibited content, and whether the bargaining process adhered to the legal standards for procedural fairness. The applicant argued that the agreement was fair and reasonable, while the union claimed that certain provisions did not adequately protect employees' rights.

The Fair Work Commission found that the agreement complied with the statutory requirements. The Commission noted that the agreement covered all mandatory terms and conditions, and there was no prohibited content. The bargaining process was deemed fair and reasonable, with both parties provided with an adequate opportunity to present their views. The Commission also highlighted that the agreement included provisions for the protection of employees' rights, such as provisions for minimum wages, entitlements, and dispute resolution mechanisms. Based on these findings, the court approved the agreement, emphasising the importance of the agreement's compliance with the legislative framework.

The Fair Work Commission ordered the approval of the Bluey Technologies Pty Ltd & The Australian Workers’ Union Agreement 2021, effective from the date of the decision. The court's approval signified that the agreement met all the legal criteria for enterprise agreements, including procedural fairness and compliance with the Fair Work Act 2009. The agreement now serves as the basis for the terms and conditions of employment for the employees of Bluey Technologies Pty Ltd, as represented by the union.

Bluey Technologies 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