B&D Australia Pty Ltd

[2022] FWCA 222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

B&D Australia Pty Ltd

(AG2021/9282)

B&D Revesby- Enterprise Agreement 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 27 JANUARY 2022

Application for approval of the B&D Revesby- Enterprise Agreement 2021.

An application has been made for approval of an enterprise agreement known as the B&D Revesby- 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 B&D Australia Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 1 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B&D Australia Pty Ltd recently appeared before the Fair Work Commission in an application for the approval of the B&D Revesby- Enterprise Agreement 2021. The dispute centred around the terms of a proposed enterprise agreement between the employer and the employees. The Fair Work Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission had to determine were whether the agreement was fairly negotiated, complied with the good faith bargaining requirement, and whether it contained all the mandated minimum terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement was in the best interests of the employees and complied with other statutory requirements.

The Fair Work Commission examined the negotiation process and found that the agreement was the result of genuine good faith bargaining. The Commission noted the comprehensive process undertaken by the parties, including multiple negotiation sessions and the involvement of employee representatives. It was satisfied that all mandated minimum terms and conditions were included in the agreement and that the terms were fair and reasonable. After careful consideration, the Commission determined that the agreement met all statutory requirements and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the B&D Revesby- Enterprise Agreement 2021, officially recognising it as a valid enterprise agreement. This decision ensures that the agreement will govern the employment conditions of the relevant employees, providing a framework for their working relationship with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established