People Solutions Australia Pty Ltd Summary

[2022] FWCA 4227

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

People Solutions Australia Pty Ltd

(AG2022/4853)

AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2019

Manufacturing and associated industries
COMMISSIONER MIRABELLA	MELBOURNE, 1 DECEMBER 2022

Application for approval of the AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2019.

An application has been made for approval of a greenfields agreement known as the AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2019 (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

People Solutions Australia Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) contested the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009. The dispute was heard by the Fair Work Commission.

The central issue before the Commission was whether the proposed agreement was a "certified agreement" under section 172 of the Fair Work Act. A certified agreement must be "in writing, be in the prescribed form, and be free from any provision that contravenes any of the provisions of the Act." The AMWU argued that the agreement did not meet these criteria because it contained provisions that were not in the prescribed form and contravened the Act. The onus was on the applicant to demonstrate that the agreement was a certified agreement.

The Commission found that the agreement did not meet the requirements of a certified agreement. The agreement contained provisions that were not in the prescribed form and contravened the Act. For example, the agreement did not include a clause that provided for the payment of wages and conditions in accordance with a relevant award or registered agreement. The Commission concluded that the agreement was not a certified agreement and dismissed the application for approval.

The Commission made no orders as the application for approval of the enterprise agreement was dismissed. The applicant had the right to lodge an amended application that addressed the deficiencies identified by the Commission.

People Solutions Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established