A J Bush & Sons (Manufactures) Pty Ltd Summary

[2023] FWCA 1093

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A J Bush & Sons (Manufactures) Pty Ltd

(AG2023/795)

A J BUSH & SONS (MANUFACTURES) PTY LTD BEAUDESERT PLANT ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 14 APRIL 2023

Application for approval of the A J Bush & Sons (Manufactures) Pty Ltd Beaudesert Plant Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the A J Bush & Sons (Manufactures) Pty Ltd Beaudesert Plant Enterprise Agreement 2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A J Bush & Sons (Manufactures) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A J Bush & Sons (Manufactures) Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement made with a union representing its employees at the Beaudesert plant. The union, as the bargaining representative, sought to finalise terms and conditions of employment for the workers in the Beaudesert facility. The dispute centred around the fairness and compliance of the proposed agreement with the relevant industrial and legislative frameworks.

The legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, specifically sections concerning the good faith bargaining process, the procedural fairness, and the substantive fairness of the agreement. The Commission needed to determine if the agreement was made in good faith and whether it complied with the procedural requirements set out in the Act. Additionally, the Commission had to assess if the agreement provided for fair and reasonable terms and conditions of employment.

In assessing the application, the Commission examined the process by which the agreement was negotiated and concluded. It considered the evidence provided regarding the negotiations, the fairness of the terms, and the compliance with procedural requirements. The Commission found that the agreement was made in good faith and that all procedural requirements were met. Furthermore, it concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the needs of both the employer and the employees. The Commission approved the application for the agreement.

The Fair Work Commission approved the A J Bush & Sons (Manufactures) Pty Ltd Beaudesert Plant Enterprise Agreement 2023, deeming it to be fair and reasonable, and in compliance with the relevant legislative provisions.

A J Bush & Sons (Manufactures) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established