People Solutions Australia Pty Ltd

[2022] FWCA 4221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

People Solutions Australia Pty Ltd

(AG2022/4851)

AMWU AND PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 – 2022

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

Application for approval of the AMWU AND PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 – 2022.

An application has been made for approval of a greenfields agreement known as the AMWU AND PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metal Engineering Melbourne Metro Tunnel and Stations Project Agreement 2018 – 2022 (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 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, People Solutions Australia Pty Ltd, and the Australian Manufacturing Workers' Union (AMWU) sought approval of an enterprise agreement. The application was made to the Fair Work Commission. The agreement, if approved, would govern the employment terms and conditions of employees working on the Melbourne Metro Tunnel and Stations Project from 2018 to 2022. The legal issues the court needed to determine were whether the agreement complied with the relevant legislative provisions and whether it was in the best interests of the employees it purported to cover.

The court examined the application and considered whether the agreement met the statutory requirements for enterprise agreements. It assessed whether the agreement provided for fair and reasonable terms and conditions, including minimum wages and conditions, leave entitlements, and dispute resolution mechanisms. The court also considered whether the agreement complied with the "better off overall test," which required that the employees be no worse off financially under the proposed agreement. The court found that the agreement met all statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions and met the better off overall test. The court determined that the agreement was in the best interests of the employees and would provide them with improved working conditions and protections. The court also noted that the agreement included provisions for ongoing consultation and communication between the parties, which would facilitate the resolution of any future disputes.

The court's approval of the agreement was subject to certain conditions, including the requirement that the parties provide regular reports to the Commission on the implementation of the agreement and any changes to the terms and conditions of employment. The court also noted that the agreement would be subject to review in 2022, at which time the parties could seek to negotiate a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established