DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prowess Solutions Pty Ltd
(AG2019/2905)

PROWESS SOLUTIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2017 - 2020

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the Prowess Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 or herein as "Agreement".

[1] An application has been made for approval of a greenfields agreement known as the Prowess Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2017-2020 or herein as “Agreement” (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Prowess Solutions Pty Ltd.

[1] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings form part of the Agreement.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.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) is 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.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[5] The Agreement was approved on 10 September 2019 and, in accordance with s.54 of the Act, will operate from 17 September 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Prowess Solutions Pty Ltd recently sought approval of the AMWU Metal Engineering On-Site Construction Agreement 2017-2020, referred to as the "Agreement". The application was made in the Fair Work Commission. The matter involved the assessment of the Agreement under the Fair Work Act 2009, particularly focusing on whether the agreement provided for the terms and conditions of employment that were fair and reasonable.

The central legal issue before the Commission was whether the Agreement, as proposed, contained terms that were fair and reasonable for the employees covered by it. The Commission needed to determine if the Agreement complied with the criteria for fair and reasonable terms as outlined in the Fair Work Act. This included assessing whether the agreement met the "better off overall test" and whether it provided for fair and reasonable terms in relation to the employees' wages, conditions, and other employment matters.

The Fair Work Commission found that the Agreement did indeed contain terms that were fair and reasonable for the employees. The Commission considered the "better off overall test" and concluded that employees would be better off under the terms of the Agreement than under the applicable awards. Additionally, the Commission was satisfied that the Agreement provided for fair and reasonable terms in relation to wages, conditions, and other employment matters. The Commission noted the comprehensive nature of the Agreement, which covered a wide range of employment issues and provided clear and accessible terms for employees. As a result, the Commission approved the Agreement.

Prowess Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established