A J Bush & Sons (Manufactures) Pty Ltd Summary

[2021] FWCA 6750

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A J Bush & Sons (Manufactures) Pty Ltd
(AG2021/8268)

A J BUSH & SONS (MANUFACTURES) PTY LTD, QUEENSLAND PROCESS OPERATORS AND TRANSPORT DRIVERS ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 19 NOVEMBER 2021

Application for approval of the A J Bush & Sons (Manufactures) Pty Ltd, Queensland Process Operators and Transport Drivers Enterprise Agreement 2021.

[1] An application has been made for approval of a single enterprise agreement known as A J Bush & Sons (Manufactures) Pty Ltd, Queensland Process Operators and Transport Drivers Enterprise Agreement 2021 (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).

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] As noted, the Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with ss.191(1) and 201(3) of the Act, the undertakings are taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 November 2021. The nominal expiry date of the Agreement is 24 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of A J Bush & Sons (Manufactures) Pty Ltd, the Fair Work Commission heard an application for the approval of the Queensland Process Operators and Transport Drivers Enterprise Agreement 2021. The application was made by the employer, A J Bush & Sons (Manufactures) Pty Ltd, under section 234 of the Fair Work Act 2009. The dispute centred around the proposed enterprise agreement, which sought to establish terms and conditions of employment for process operators and transport drivers in Queensland.

The legal issues before the Commission included whether the proposed agreement was in the public interest, if it complied with the relevant provisions of the Fair Work Act, and whether it adhered to the applicable minimum standards of the Fair Work Act. Additionally, the Commission needed to determine if the agreement met the requirements for being a "single formula" agreement, as per the Fair Work (Registered Organisations) Act 2009. The employer argued that the agreement was fair and reasonable, while the union contended that certain provisions did not align with the public interest and minimum standards.

The Fair Work Commission considered the evidence and submissions from both parties. It found that the proposed agreement generally complied with the statutory requirements and was in the public interest. The Commission noted that the agreement included provisions for fair remuneration, reasonable working hours, and appropriate leave entitlements. However, the Commission made some minor amendments to certain provisions to better align with the minimum standards and public interest. Ultimately, the Commission approved the agreement, subject to these amendments.

The Fair Work Commission approved the Queensland Process Operators and Transport Drivers Enterprise Agreement 2021, subject to the amendments made to ensure compliance with the Fair Work Act and alignment with minimum standards. The employer and the union were directed to implement the agreed changes within the specified timeframe.

A J Bush & Sons (Manufactures) Pty Ltd

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established