BLUEY TECHNOLOGIES PTY LTD & MB SOLUTIONS AUSTRALIA PTY LTD NEW SOUTH WALES ENTERPRISE AGREEMENT 2025

Application for approval of the Bluey Technologies Pty Ltd & MB Solutions Australia Pty Ltd New South Wales Enterprise Agreement 2025

[1] MB Solutions Australia Pty Ltd trading as Master Builders Solution (the Employer) has made an application for approval of an enterprise agreement known as Bluey Technologies Pty Ltd & MB Solutions Australia Pty Ltd New South Wales Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Agreement will apply to employees who are covered by the Building and Construction General On-site Award 2020 (the Award).

[3] In the application, the Employer indicated that two employees were from a non-English speaking background. The Employer also indicated that the explanatory notes were simple and easy to understand, and the information sessions used plain language to explain the Agreement. The Commission raised the issue that the application did not provide sufficient detail to establish that the terms and effects of the Agreement were explained to the employees.

[4] The Employer then provided further submissions about how the terms and effects of the Agreement were explained to employees, particularly that the needs of all employees were known to the business and taken into consideration. I am satisfied having regard to those submissions that the requirements of s.180(5) of the Act have been met.

[5] The F17 Declaration submitted by the Employer suggested that all employees who were requested to vote on the Agreement are casual employees, however the Agreement also covers full time and part time employees. Consequently, it was unclear whether employees have a sufficient interest in the terms of the Agreement or were sufficiently representative of the employees it intends to cover.

[6] The Employer subsequently provided submissions addressing this issue. Based on those submissions, I am satisfied that the employees requested to approve the Agreement by voting for it have a sufficient interest in the terms of the Agreement and are sufficiently representative.

[7] As noted above, the Commission identified that all employees who were requested to vote on the Agreement were casual employees. Consequently, the Commission raised concerns with the Employer as to whether the casual employees cast a valid vote to approve the Agreement.

[8] The Employer provided submissions showing that all casual employees were employed at the time and entitled to vote. I am satisfied that in light of the Full Bench decision in Appeal by Kmart Australia Limited t/a Kmart and others,

[9] [1] the requirement in s.181(1) of the Act has been met.

[10] Clause 11 of the Agreement contains a workplace delegates' rights term. This term appears to contain similar deficiencies to those outlined in the recent decision of the Federal Court in Construction, Forestry and Maritime Employees Union v Australian Industry Group.[2] Since the application was made, the Award was varied by a Full Bench of the Commission[3] to include a delegates' rights term addressing the matters in Construction, Forestry and Maritime Employees Union v Australian Industry Group. As the delegates' rights term in the Agreement is less favourable than the delegates' rights term in the Award, the term in the Agreement has no effect. Pursuant to s.205A(2)(b) of the Act, the delegates' right term in the Award is taken to be a term of the Agreement and is attached in Schedule 2 of the Agreement.

Inconsistency with the National Employment Standards (NES) - Compassionate Leave

[11] Clause 8.4 of the Agreement provides for circumstances which entitles employees to compassionate leave, but it appears to be silent on entitlement to compassionate leave for miscarriage or stillbirth, inconsistent with the entitlements outlined at s.104(1)(b)-(c) of the Act.

Better Off Overall Test (BOOT) Issue - Allowances

[12] Clauses 4 of the Award provides that Award allowances will not apply except as provided by the Agreement. Further, clause 6.2 of the Agreement provides that the rates compensate for all allowances prescribed in the Award. The Agreement only appears to contain the travel, first aid, living away from home, uniform and meal allowances, but is silent on all other allowances found in the Award. The Commission raised this issue with the Employer as it is relevant as to whether trainees and apprentices will be better off overall under the Agreement compared to the Award.

[13] The Employer submitted that clause 6.3 of the Agreement provides for all trainee and apprentice allowances found in the Award and provide a greater benefit that what is otherwise prescribed by the Award.

[14] The Employer provided written undertakings to address the above issue regarding inconsistency with the NES. A copy of the undertakings is attached in Schedule 1 of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[15] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[16] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2026. The nominal expiry date of the Agreement is 31 December 2028.

[1] [2019] FWCFB 7599

[2] [2025] FCAFC 187

[3] [2026] FWCFB 5

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