Pursuit Co Pty Ltd

[2025] FWCA 1757

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pursuit Co Pty Ltd

(AG2025/1551)

AMWU & PURSUIT CO PTY LTD METAL & ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2023 – 2026

Manufacturing and associated industries
COMMISSIONER ALLISON	MELBOURNE, 28 MAY 2025

Application for approval of the AMWU & Pursuit Co Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026

Pursuit Co Pty Ltd has made an application, pursuant to s.185 of the Fair Work Act 2009 (Act), for approval of a greenfields agreement known as the AMWU & Pursuit Co Pty Ltd Metal & Engineering On-Site Construction Agreement 2023 – 2026 (the Agreement).
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 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 June 2025. The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute regarding the approval of a new agreement between the Australian Manufacturing Workers' Union (AMWU) and Pursuit Co Pty Ltd for metal and engineering on-site construction workers for the period of 2023-2026. The primary issue was whether the agreement met the necessary legal standards and criteria for approval, ensuring it was fair, reasonable, and in the best interest of the workers involved.

The court was tasked with examining several legal aspects of the agreement, including whether it adhered to the provisions of the relevant industrial legislation, if it provided adequate protections and benefits to the employees, and if it complied with the principles of good faith bargaining and fairness. Additionally, the court considered whether the agreement appropriately balanced the interests of both the employer and the employees, and if it was in line with broader industrial relations objectives.

In delivering its decision, the court meticulously reviewed the terms and conditions outlined in the proposed agreement. It found that the agreement was comprehensive and addressed the key areas of concern, including wages, working conditions, dispute resolution mechanisms, and provisions for employee welfare. The court determined that the agreement was fair and reasonable, and it did not identify any significant issues that would prevent its approval. Consequently, the court approved the agreement, affirming its compliance with the necessary legal and industrial standards.

The court's final order was to approve the AMWU & Pursuit Co Pty Ltd Metal & Engineering On-Site Construction Agreement 2023-2026, confirming its validity and applicability as per the relevant industrial laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established