DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

B&D Australia Pty Ltd
(AG2019/3240)

B&D CLONTARF ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SIMPSON	BRISBANE, 28 OCTOBER 2019

Application for approval of the B&D Clontarf Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the B&D Clontarf Enterprise Agreement 2019 (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.

[2] The Agreement is a single enterprise agreement.

[3] Mr Rohan Webb, Queensland State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU), a bargaining representative for the Agreement, filed a Form F18 statutory declaration stating the AMWU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix A. 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.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] In accordance with s.201(2) of the Act, I note that the Agreement covers the AMWU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

B&D Australia Pty Ltd applied for approval of the B&D Clontarf Enterprise Agreement 2019. The dispute involved the terms and conditions of employment of workers at the Clontarf warehouse. The Fair Work Commission was the court that heard the application. The primary legal issue before the court was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The court considered whether the agreement met the criteria for approval, including whether it provided for a fair and efficient workplace, and whether it had been fairly negotiated. The applicant argued that the agreement provided for a modern workplace and addressed the needs of both employees and the employer. The court examined the process of negotiation and the provisions of the agreement, including the terms relating to wages, hours of work, and other employment conditions. The court also assessed whether the agreement provided for a fair and efficient workplace, taking into account the interests of both parties.

The court found that the agreement was compliant with the requirements of the Fair Work Act 2009. It determined that the agreement had been fairly negotiated and provided for a fair and efficient workplace. The court noted that the agreement addressed the needs of both employees and the employer, and provided for modern and flexible workplace arrangements. The court approved the B&D Clontarf Enterprise Agreement 2019, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The final orders of the court included the approval of the agreement, with modifications to ensure compliance with the Act.

B&D Australia Pty Ltd

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established