Mb Solutions Australia Pty Ltd Trading AS Mb Solutions Australia Pty Ltd & Bluey Technologies Pty Ltd

[2025] FWC 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mb Solutions Australia Pty Ltd Trading AS Mb Solutions Australia Pty Ltd & Bluey Technologies Pty Ltd

(AG2025/2597)

MB SOLUTIONS AUSTRALIA PTY LTD AND BLUEY TECHNOLOGIES PTY LTD & THE AUSTRALIAN WORKERS’ UNION MAJOR PROJECTS AGREEMENT 2025

Building, metal and civil construction industries
COMMISSIONER FOX	MELBOURNE, 15 AUGUST 2025

Application for approval of the MB Solutions Australia Pty Ltd and Bluey Technologies Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025.

An application has been made for approval of an enterprise agreement known as the MB Solutions Australia Pty Ltd and Bluey Technologies Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Mb Solutions Australia Pty Ltd T/A Mb Solutions Australia Pty Ltd & Bluey Technologies Pty Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s.193A(2)-(7).

I observe that certain clauses are likely to be inconsistent with the National Employment Standards (NES). Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Workers’ Union being a bargaining representative for the Agreement supports the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 22 August 2025. The nominal expiry date of the Agreement is 28 February 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were Mb Solutions Australia Pty Ltd, trading as Mb Solutions Australia Pty Ltd, Bluey Technologies Pty Ltd, and The Australian Workers’ Union. The dispute pertained to the application for the approval of a major projects agreement set to last until 2025. This application was heard by the Fair Work Commission, which is responsible for matters relating to workplace relations in Australia.

The primary legal issue before the court was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair terms and conditions of employment, aligned with the overarching principles of the Act, and sufficiently covered the needs and protections of the employees involved. The court also needed to ensure that the agreement was not contrary to public policy or detrimental to the broader industrial relations system.

In its reasoning, the court examined the provisions of the proposed agreement, assessing them against the benchmarks established by the Fair Work Act. The court found that the agreement was comprehensive and fair, adequately protecting the rights of the employees while balancing the interests of the employers. The court was satisfied that the agreement did not contravene any public policy or harm the industrial relations system. Consequently, the court approved the application for the agreement's approval.

The final orders of the court were to approve the MB Solutions Australia Pty Ltd and Bluey Technologies Pty Ltd & The Australian Workers’ Union Major Projects Agreement 2025, confirming its compliance with the Fair Work Act and its suitability for the parties involved. The agreement was thus authorised to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established