People Solutions Australia Pty Ltd T/A People 2U

Case [2023] FWCA 2220


[2023] FWCA 2220

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185—Enterprise agreement

People Solutions Australia Pty Ltd T/A People 2U

(AG2023/2284)

AMWU AND PEOPLE SOLUTIONS AUSTRALIA PTY LTD T/A PEOPLE 2U METALS LABOUR HIRE AGREEMENT 2023-2026

Building, metal and civil construction industries

COMMISSIONER PERICA

MELBOURNE, 18 JULY 2023

Application for approval of the AMWU and PEOPLE SOLUTIONS AUSTRALIA PTY LTD T/A PEOPLE 2U Metals Labour Hire Agreement 2023-2026

  1. The Decision issued by the Fair Work Commission on 18 July 2023, [2023] FWCA 2220, PR764341 is corrected by deleting paragraph [6] and inserting the following:

    “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

Printed by authority of the Commonwealth Government Printer

<AE520803  PR764344>

Details
AGLC
People Solutions Australia Pty Ltd T/A People 2U [2023] FWCA 2220
Case
[2023] FWCA 2220
Decision Date

CaseChat Overview and Summary

In this matter, People Solutions Australia Pty Ltd, trading as People 2U, and the Australian Manufacturing Workers' Union (AMWU) brought before the Fair Work Commission an application for the approval of the AMWU and People Solutions Australia Pty Ltd T/A People 2U Metals Labour Hire Agreement 2023-2026. The dispute centred on the terms and conditions of employment for workers within the building, metal, and civil construction industries, as governed by the Fair Work Act 2009. Commissioner Perica presided over the proceedings in Melbourne on 18 July 2023.

The central legal issue before the Commission was whether the proposed enterprise agreement, which sought to govern the terms and conditions of employment between the AMWU and People Solutions Australia Pty Ltd for the specified period, complied with the statutory requirements under the Fair Work Act 2009. The Commission was required to consider whether the agreement met the criteria for approval, including provisions on minimum wages, conditions of employment, and any other matters specified in the Act.

After careful consideration, the Commission determined that the agreement met the necessary criteria for approval. The agreement was found to be fair and reasonable, addressing the interests of both the employees and the employer, and it was consistent with the provisions of the Fair Work Act. The Commission approved the agreement, which will operate from 25 July 2023, with a nominal expiry date of 30 June 2026. This decision ensures that the agreement will provide a stable framework for employment within the specified industries during the designated period.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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