B&D Australia Pty Ltd T/A B&D Australia Pty Ltd Summary

[2023] FWCA 2252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

B&D Australia Pty Ltd T/A B&D Australia Pty Ltd

(AG2023/2326)

APPLICATION FOR APPROVAL OF THE B&D AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (REVESBY MAINTENANCE) 2023

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 20 JULY 2023

Application for approval of the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2023

An application has been made for approval of an enterprise agreement known as the B&D AUSTRALIA PTY LTD ENTERPRISE AGREEMENT (REVESBY MAINTENANCE) 2023 (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 T/A 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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2023. The nominal expiry date of the Agreement is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by B&D Australia Pty Ltd to approve an enterprise agreement. This application was made under section 231 of the Fair Work Act 2009. The proposed agreement was for the employees working at the Revesby Maintenance facility. The application was contested by the Transport Workers Union of Australia, who argued that the agreement did not meet the requirements for approval as stipulated in the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement contained all the mandated terms and conditions as per the Fair Work Act 2009 and the applicable industrial instruments. Specifically, the Commission needed to determine if the agreement provided adequate protections for employee entitlements, including minimum wages, leave provisions, and dispute resolution mechanisms. Additionally, the Commission examined whether the agreement complied with the procedural requirements for its approval.

In its decision, the Commission carefully reviewed the proposed agreement against the legislative and regulatory framework. The Commission found that the agreement contained all the mandatory terms and conditions required by the Act. The Commission also noted that the agreement provided fair and reasonable protections for the employees, including appropriate provisions for wages, leave, and dispute resolution. The Commission was satisfied that the agreement had been negotiated in good faith and that the procedural requirements for its approval had been met. Consequently, the Commission approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with all legal requirements.

The Commission's final order was that the B&D Australia Pty Ltd Enterprise Agreement (Revesby Maintenance) 2023 be approved as a registered agreement under section 177 of the Fair Work Act 2009. This decision provides clarity and legal certainty for the employer and the employees, ensuring that the agreement is implemented as intended.

B&D Australia Pty Ltd T/A 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