B&D Australia Pty Ltd Summary

[2025] FWCA 183

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

B&D Australia Pty Ltd

(AG2024/5109)

B&D REVESBY - ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 17 JANUARY 2025

Application for approval of the B&D Revesby - Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the B&D Revesby - Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by B&D Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

Undertakings

The Employer has provided written undertakings dated 14 January 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Manufacturing and Associated Industries and Occupations Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation(s)

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 January 2025. The nominal expiry date of the Agreement is 1 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter involved B&D Australia Pty Ltd and its employees, with the dispute centred around the approval of the B&D Revesby - Enterprise Agreement 2024. The case was heard in the Fair Work Commission, which has jurisdiction over workplace relations matters in Australia. The company sought approval of the proposed agreement, which detailed terms and conditions of employment for the employees. The employees, represented by a union, argued that the proposed agreement did not adequately address certain issues, including pay rates and working conditions.

The central legal issue was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms, including minimum rates of pay and conditions, and whether it complied with the good faith bargaining obligations. Another key point was whether the agreement was made in accordance with the processes set out in the Act. The court also needed to consider if the agreement provided for the proper representation of the employees' interests.

In its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the proposed agreement was fair and reasonable and met the statutory requirements. It noted that the agreement provided for minimum rates of pay and conditions that were in line with industry standards. The Commission also determined that the bargaining process was conducted in good faith and that the agreement appropriately represented the interests of the employees. Consequently, the Commission approved the B&D Revesby - Enterprise Agreement 2024. The court did not find any grounds to reject the application for approval and thus granted the approval as sought by the company.

B&D Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established