DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluey Technologies Pty Ltd
(AG2021/4554)

BLUEY TECHNOLOGIES PTY LTD QUEENSLAND ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 14 MAY 2021

Application for approval of the Bluey Technologies Pty Ltd Queensland Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bluey Technologies Pty Ltd Queensland Enterprise 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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 May 2021. The nominal expiry date of the Agreement is 31 December 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bluey Technologies Pty Ltd applied for the approval of the Bluey Technologies Pty Ltd Queensland Enterprise Agreement 2021. The matter was heard by Commissioner [Name]. The dispute primarily centred on whether the agreement met the requirements under the Fair Work Act 2009, particularly concerning the procedural fairness in the negotiation process and the compliance with minimum entitlements for employees.

The key legal issues before the Commission involved assessing the negotiation process to ensure it complied with the principles of procedural fairness and whether the agreement provided for terms and conditions that met or exceeded the minimum entitlements set out in the relevant awards and the National Employment Standards. The Commission also had to consider if the agreement was made in good faith.

In delivering the decision, the Commission examined the evidence provided by both parties and found that the negotiation process was conducted in a manner that met the standards of procedural fairness. The Commission confirmed that the agreement contained terms and conditions that were at least as favourable as those provided by the relevant awards and the National Employment Standards. The Commission concluded that the agreement was made in good faith, as it was the product of genuine negotiations between the parties.

The Fair Work Commission approved the Bluey Technologies Pty Ltd Queensland Enterprise Agreement 2021, effective from the date of the decision. The agreement was registered with the Commission and became binding on the parties involved. The Commission's approval ensured that the terms of the agreement would govern the employment conditions of the employees covered by the agreement, providing certainty and predictability in the workplace.

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