B&D Australia Pty Ltd Summary

[2019] FWCA 6795

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

B&D Australia Pty Ltd

(AG2019/3623)

B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2019

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 4 OCTOBER 2019

Application for approval of the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2019.

An application has been made for approval of an enterprise agreement known as the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 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. 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 11 October 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B&D Australia Pty Ltd, an employer, applied for the approval of an enterprise agreement concerning its employees at the Revesby Maintenance site. The application was lodged with the Fair Work Commission. The nature of the dispute was whether the proposed enterprise agreement complied with the relevant industrial laws and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement met the statutory requirements for approval, including provisions related to wages, conditions, and the process for resolution of disputes. Additionally, the court had to assess if the agreement provided fair and reasonable terms for the employees and whether it had been genuinely negotiated.

The Fair Work Commission carefully examined the proposed agreement, considering the statutory criteria and the principles of fairness and reasonableness. The court found that the agreement complied with the necessary legal standards and that it represented fair and reasonable terms for the employees. The Commission took into account the evidence presented by both parties and concluded that the agreement had been genuinely negotiated. Consequently, the application for approval was successful, and the enterprise agreement was approved.

The final orders of the Commission were that the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2019 be approved as a registered agreement under the Fair Work Act 2009.

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