People Solutions Australia Pty Ltd

[2022] FWCA 4229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

People Solutions Australia Pty Ltd

(AG2022/4854)

AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metals Labour Hire Agreement 2019-2023

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 1 DECEMBER 2022

Application for approval of the AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metals Labour Hire Agreement 2019-2023.

An application has been made for approval of a greenfields agreement known as the AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metals Labour Hire Agreement 2019-2023 (Agreement). The application was made by People Solutions Australia Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

The Agreement meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of sections 186 and 187 of the Act, as are relevant to this application for approval, have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the AMWU and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2022. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of People Solutions Australia Pty Ltd, the Australian Manufacturing Workers’ Union (AMWU) applied to the Fair Work Commission for approval of a metals labour hire agreement for the period 2019-2023. The dispute centred on the terms and conditions of the agreement, specifically whether they met the standards set out in the Fair Work Act 2009.

The legal issues before the court were whether the proposed agreement provided adequate protections for workers, ensured fair pay and conditions, and aligned with the broader objectives of the Fair Work Act. The court had to examine the specifics of the agreement, including wage rates, working hours, leave entitlements, and dispute resolution mechanisms, to determine if these met the minimum standards required by law.

After considering the evidence presented by both parties, the Fair Work Commission found that the proposed agreement did not sufficiently protect workers in several areas. The court noted that the proposed rates of pay and conditions fell short of the minimum standards set by the relevant awards. Furthermore, the dispute resolution provisions were deemed inadequate. Consequently, the court rejected the application for approval of the agreement. The court’s decision highlighted the need for better protections for workers in the metals labour hire industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established