DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A J Bush & Sons (Manufactures) Pty Ltd
(AG2015/2669)

A J BUSH & SONS (MANUFACTURERS) PTY LTD, QUEENSLAND PROCESS OPERATORS AND TRANSPORT DRIVERS ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 MAY 2015

Application for approval of the A J Bush & Sons (Manufactures) Pty Ltd, Queensland Process Operators and Transport Drivers Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the
A J Bush & Sons (Manufactures) Pty Ltd, Queensland Process Operators and Transport Drivers Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by A J Bush a& Sons (Manufacturers) Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Australian Workers’ Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 5 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

A J Bush & Sons (Manufactures) Pty Ltd sought approval of the A J Bush & Sons (Manufactures) Pty Ltd, Queensland Process Operators and Transport Drivers Enterprise Agreement 2015. The application was brought before the Fair Work Commission by the applicant. The applicant sought approval of the agreement under section 233 of the Fair Work Act 2009. The applicant is a company registered under the Corporations Act 2001. It employs process operators and transport drivers in Queensland. The enterprise agreement in question was entered into between the applicant and two unions. The unions represented the applicant’s employees.

The applicant was required to demonstrate that the agreement satisfied the requirements of section 230 of the Act. This included demonstrating that the agreement was in writing and contained certain prescribed details. The applicant also needed to show that the agreement had been appropriately certified. The unions were required to demonstrate that they had appropriately certified the agreement. The unions had to show that they had followed the processes set out in the Act in certifying the agreement. The applicants and unions were also required to demonstrate that the agreement did not contain any terms that were prohibited by the Act.

The Commission found that the agreement satisfied all the requirements of the Act. The Commission found that the agreement was in writing and contained all the prescribed details. The Commission found that the agreement had been appropriately certified. The Commission found that the applicant and the unions had followed the processes set out in the Act in certifying the agreement. The Commission found that the agreement did not contain any terms that were prohibited by the Act. The Commission approved the agreement.

The Commission ordered that the agreement be approved. The Commission ordered that the agreement be registered with the Commission. The Commission ordered that the agreement be published in the Commonwealth Gazette.

A J Bush & Sons (Manufactures) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established