DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talent Blue Pty Ltd
(AG2020/3841)

AMWU AND TALENT BLUE PTY LTD PRODUCTION / MANUFACTURING & PROCESS WORKERS LABOUR HIRE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the AMWU and TALENT BLUE PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2019.

[1] Talent Blue Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU and TALENT BLUE PTY LTD Production / Manufacturing & Process Workers Labour Hire Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of s 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.

[3] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 191(2) of the Act, the undertakings are taken to be terms of the Agreement.

[4] In accordance with s 187(5)(a) of the Act, I am satisfied that “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.

[5] I observe that clauses 13 and 33.1 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[7] The Agreement was approved on 19 February 2021 and, in accordance with s 54, will operate from 26 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Talent Blue Pty Ltd, sought approval of a labour hire agreement from the Fair Work Commission (FWC). The Australian Manufacturing Workers' Union (AMWU) was the registered organisation representing the employees in question. The dispute centred around the terms and conditions of the proposed agreement, which Talent Blue intended to implement for its labour hire workers in the production and manufacturing sectors. The FWC was tasked with reviewing the agreement to ensure it complied with the relevant legislative framework and to make a determination on whether it should be approved.

The primary legal issues for the FWC to consider were whether the proposed agreement provided adequate protections for the employees and whether it complied with the Fair Work Act 2009. Specifically, the FWC had to assess whether the agreement met the requirements for modern awards, whether it was consistent with the National Employment Standards (NES), and whether it provided fair and reasonable terms and conditions for the employees. Additionally, the FWC had to consider the extent to which the agreement reflected the bargaining power of the parties involved and whether it adhered to the principles of good faith bargaining.

In making its decision, the FWC examined the terms of the proposed agreement in detail, taking into account submissions from both parties. The FWC found that the agreement generally provided fair and reasonable terms for the employees, including provisions that aligned with the applicable modern award and the NES. The FWC also considered the context of labour hire arrangements and the bargaining power dynamics between the employer and the employees. Ultimately, the FWC concluded that the agreement was consistent with the principles of good faith bargaining and met the legislative requirements for approval. Consequently, the FWC approved the Talent Blue Pty Ltd Production / Manufacturing & Process Workers Labour Hire Agreement 2019.

Talent Blue Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established