DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Talent Blue Pty Ltd
(AG2020/3839)

AMWU AND TALENT BLUE METALS LABOUR HIRE AGREEMENT 2019-2023

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

Application for approval of the AMWU and TALENT BLUE Metals Labour Hire Agreement 2019-2023.

[1] Talent Blue Pty Ltd (the Employer) has made an application for approval of a greenfields agreement known as the AMWU and TALENT BLUE Metals Labour Hire Agreement 2019-2023 (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] 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 clause 39 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6.7 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.

[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

In the Fair Work Commission, Talent Blue Pty Ltd sought approval of the AMWU and Talent Blue Metals Labour Hire Agreement 2019-2023. The Australian Manufacturing Workers' Union (AMWU) had applied to the Commission to approve the agreement, which was intended to cover workers employed by Talent Blue Pty Ltd under a labour hire arrangement. The AMWU sought approval of the agreement as an "Enterprise Agreement" under the Fair Work Act 2009. The key dispute centred around whether the agreement met the requirements for approval under the Fair Work Act, particularly regarding its coverage and the process by which it was made.

The legal issues that the Commission had to resolve included whether the agreement was a "single-employer" agreement, as required by the Fair Work Act, and whether the AMWU had the necessary authorisation from the employees to apply for approval of the agreement. Additionally, the Commission had to consider whether the process by which the agreement was made was procedurally fair. The Commission examined the evidence and submissions from both parties to determine whether the agreement was appropriately made and whether it complied with the relevant provisions of the Fair Work Act.

After considering the submissions and evidence, the Fair Work Commission found that the agreement was made in good faith and met the requirements for approval. The Commission determined that the agreement was appropriately classified as a "single-employer" agreement and that the AMWU had the necessary authorisation from the employees. The Commission also found that the process by which the agreement was made was procedurally fair. Consequently, the Commission approved the agreement, which will now be binding on Talent Blue Pty Ltd and the relevant employees.

The Fair Work Commission made an order approving the AMWU and Talent Blue Metals Labour Hire Agreement 2019-2023. The approved agreement will now be registered and will have legal effect as an enterprise agreement under the Fair Work Act. This decision ensures that the agreement will provide a framework for the terms and conditions of employment for the workers covered by the agreement, promoting fair and consistent workplace practices.

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