People Solutions Australia Pty Ltd T/A People 2U Summary

[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

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.

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.

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.

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.

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

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

CaseChat Overview and Summary

In the matter of the Australian Manufacturing Workers' Union (AMWU) and People Solutions Australia Pty Ltd trading as People 2U, the Federal Court was asked to consider the approval of the Metal & Engineering On-Site Construction Agreement 2023-2026. The AMWU sought the court's approval for the agreement, which it had negotiated with People Solutions Australia Pty Ltd, as a certified agreement under the Fair Work Act 2009. The court was required to determine whether the agreement complied with the requirements of the Act and whether it was in the best interests of the employees covered by the agreement.

The primary legal issue for the court was to assess whether the agreement met the criteria for approval under section 233 of the Act. This included ensuring that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not detrimental to the employees' interests. The court also needed to determine whether the agreement was consistent with the principles of the Fair Work Act, including the requirement for genuine collective bargaining and the promotion of harmonious, productive and cooperative workplace relations.

After examining the terms of the agreement and the submissions made by both parties, the court found that the agreement met the criteria for approval. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was not detrimental to the employees' interests. The court also found that the agreement was consistent with the principles of the Fair Work Act and that it had been genuinely negotiated between the parties. As a result, the court approved the Metal & Engineering On-Site Construction Agreement 2023-2026 as a certified agreement under the Fair Work Act 2009.

The court's final orders included the approval of the agreement as a certified agreement under the Fair Work Act 2009, with effect from 1 July 2023 until 30 June 2026. The court also ordered that the agreement be published on the Fair Work Commission's website and that copies be provided to the parties and any other relevant stakeholders. The court's decision provided clarity and certainty for the parties and the employees covered by the agreement, ensuring that they were protected by fair and reasonable terms and conditions of employment.

People Solutions Australia Pty Ltd T/A People 2U

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established