DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bluey Technologies Pty Ltd
(AG2019/1610)

BLUEY TECHNOLOGIES PTY LTD & AUSTRALIAN WORKERS’ UNION AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JUNE 2019

Application for approval of the Bluey Technologies Pty Ltd & Australian Workers’ Union Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bluey Technologies Pty Ltd & Australian Workers’ Union Agreement 2019 (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.

[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 Australian Workers’ Union (AWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 June 2019. The nominal expiry date of the Agreement is 28 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Bluey Technologies Pty Ltd and the Australian Workers’ Union. The dispute centred on the application for the approval of the Bluey Technologies Pty Ltd and Australian Workers’ Union Agreement 2019. The case was heard in the Fair Work Commission of Australia.

The legal issues the court needed to decide included whether the agreement was in the best interests of the employees, whether it met the criteria set out in the Fair Work Act 2009, and whether the agreement was made in good faith and free from any form of coercion. The court also had to consider whether the agreement provided fair and reasonable terms and conditions for the employees.

The Fair Work Commission held that the Bluey Technologies Pty Ltd and Australian Workers’ Union Agreement 2019 was in the best interests of the employees. The court found that the agreement met the criteria set out in the Fair Work Act 2009 and was made in good faith and free from any form of coercion. The court also found that the agreement provided fair and reasonable terms and conditions for the employees. The court approved the agreement, subject to certain conditions and modifications.

The final orders of the court included the approval of the Bluey Technologies Pty Ltd and Australian Workers’ Union Agreement 2019, subject to certain conditions and modifications. The court also directed the parties to take certain steps to ensure that the agreement was implemented in a fair and transparent manner.

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