People Solutions Australia Pty Ltd T/A People 2U

[2023] FWCA 2226

[2023] FWCA 2226

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

People Solutions Australia Pty Ltd T/A People 2U

(AG2023/2288)

AMWU & PEOPLE SOLUTIONS AUSTRALIA PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 - 2026

Building, metal and civil construction industries
COMMISSIONER PERICA	MELBOURNE, 18 JULY 2023

Application for approval of the AMWU & PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metal & Engineering On-Site Construction Agreement 2023-2026

1. An application has been made for approval of an enterprise agreement known as the AMWU & PEOPLE SOLUTIONS AUSTRALIA PTY LTD Metal & Engineering On-Site Construction Agreement 2023 - 2026 (Agreement). The application is made under section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 (Cth) (Amending Act) made changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

1. Under the transitional arrangements, the amendments made to the better off overall test (BOOT) requirements for agreement approval applications, by Part 16 of Schedule 1 to the Amending Act, apply where the agreement was made on or after 6 June 2023. The Agreement was made on 10 July 2023. It follows the new BOOT requirements apply.

1. This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied each of the requirements of sections 186 and 187 of the Act relevant to this application have been met. I am satisfied the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) is entitled to represent the industrial interests of the 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.

1. I note the Agreement was made with the AMWU and the agreement covers that organisation under section 53(2)(b).

1. The Agreement was approved today, 18 July 2023. The Agreement will operate from 25 July 2023 as required by section 54 of the Act. The nominal expiry date is 30 June 2026.

COMMISSIONER

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