DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Pursuit Co Pty Ltd T/A Pursuit Co Pty Ltd
(AG2021/62)

AMWU AND PURSUIT CO METALS LABOUR HIRE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 9 FEBRUARY 2021

Application for approval of the AMWU and Pursuit Co Metals Labour Hire Agreement 2019-2023.

[1] This is a greenfields agreement (the Agreement) that meets the requirements of section 172(2)(b) of the Fair Work Act 2009 (Cth) (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.

[2] The Agreement lodged contained errors at page 3, clause 6 and page 10, clause 28. On 3 February 2021, the Applicant filed an amended version of the Agreement correcting these errors. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] The employer has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[4] 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

[5] The Agreement was approved on 9 February 2021 and, in accordance with s.54, will operate from 16 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by the Australian Manufacturing Workers’ Union (AMWU) for the approval of a proposed enterprise agreement with Pursuit Co Pty Ltd. The dispute was heard in the Fair Work Commission (FWC), Australia's industrial relations tribunal. The AMWU sought to have the proposed agreement, which covers the period from 2019 to 2023, approved under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the FWC had to consider whether the agreement was made in good faith, whether there was genuine bargaining between the parties, and whether the agreement met the “better off overall test”. This test ensures that employees are not worse off financially by being subject to the new agreement than they would be under their existing conditions of employment or applicable awards.

The FWC found that the agreement was made in good faith and that there had been genuine bargaining between the parties. The FWC also determined that the agreement met the better off overall test, as employees would not be worse off under the new agreement. The FWC highlighted the need for a fair and reasonable agreement that balances the interests of both employers and employees. The tribunal noted that the proposed agreement provided a number of benefits to employees, including increased wages and improved working conditions. These benefits were considered to outweigh any potential disadvantages, thereby satisfying the better off overall test.

Following its analysis, the FWC approved the proposed enterprise agreement. The AMWU and Pursuit Co Pty Ltd can now implement the terms of the agreement, which will govern the employment conditions of the covered employees for the specified period.

Pursuit Co Pty Ltd T/A Pursuit Co Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established