DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talent Blue Pty Ltd
(AG2020/3842)

AMWU & TALENT BLUE METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 15 JANUARY 2021

Application for approval of the AMWU & TALENT BLUE Metal Engineering On-Site Construction Agreement 2020-2023.

[1] Talent Blue Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU & TALENT BLUE Metal Engineering On-Site Construction Agreement 2020-2023 (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] 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.

[4] I observe that clause 41 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.7 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.

[5] 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.

[6] The Agreement was approved on 15 January 2021 and, in accordance with s 54, will operate from 22 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Talent Blue Pty Ltd applied for approval of the AMWU & TALENT BLUE Metal Engineering On-Site Construction Agreement 2020-2023. The dispute involved the terms of a proposed enterprise agreement between the applicant and the Australian Manufacturing Workers' Union. The Fair Work Commission was the court tasked with assessing the application. The central legal issue was whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fair and appropriate, considering factors such as the need for a safety net, the balance of power between the parties, and the overall fairness of the terms to the employees.

The Commission found that the agreement was fair and appropriate. The proposed terms addressed the need for a safety net by providing minimum pay rates and conditions, ensuring that employees would not be left without essential protections. The balance of power between the parties was considered fair, with both sides having the opportunity to negotiate and agree on terms. The overall fairness to employees was supported by the inclusion of provisions that addressed health and safety, redundancy, and dispute resolution mechanisms. The Commission also noted the parties' efforts to reach a consensus, which indicated a fair process.

Given these considerations, the Commission approved the AMWU & TALENT BLUE Metal Engineering On-Site Construction Agreement 2020-2023. The final orders confirmed the approval of the agreement, which would now serve as the binding enterprise agreement between the parties for the specified period.

Talent Blue 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