| [2023] FWCA 931 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
B&G Enterprises (NSW) Pty Ltd T/A BG Industrial Plumbing
(AG2023/621)
B&G ENTERPRISES (NSW) PTY LTD – BG INDUSTRIAL PLUMBING DIVISION ENTERPRISE AGREEMENT 2023 – 2026
| Plumbing industry | |
| DEPUTY PRESIDENT DEAN | CANBERRA, 29 MARCH 2023 |
Application for approval of the B&G Enterprises (NSW) Pty Ltd – BG Industrial Plumbing Division Enterprise Agreement 2023 – 2026.
An application has been made for approval of an enterprise agreement known as the B&G Enterprises (NSW) Pty Ltd – BG Industrial Plumbing Division Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&G Enterprises (NSW) Pty Ltd T/A BG Industrial Plumbing (Employer). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure 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. The undertakings are taken to be a term of the agreement.
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 flexibility term in the Agreement does not meet the requirements of s.203(2)(b) and s.203(6) of the Act. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 July 2023. The nominal expiry date of the Agreement is 31 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519601 PR760683>
Annexure A
- AGLC
- B&G Enterprises (NSW) Pty Ltd T/A BG Industrial Plumbing [2023] FWCA 931
- Case
- [2023] FWCA 931
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved the assessment of whether the agreement complied with the mandatory provisions of the Fair Work Act, including the "better off overall test" (BOOT), and whether it provided fair and reasonable terms and conditions. The Commission examined the agreement's provisions concerning wages, hours of work, leave entitlements, and other employment conditions. It also considered the process by which the agreement was negotiated and the level of employee participation in the negotiation process.
In making its decision, the Commission found that the agreement was the product of genuine and meaningful negotiations between the parties and that it satisfied the BOOT. The Commission noted that the agreement provided employees with conditions that were no less favourable than the applicable awards or the general law. The Commission was satisfied that the agreement met all the legal requirements under the Fair Work Act and was in the best interests of the employees. Consequently, the Commission approved the Enterprise Agreement 2023 – 2026, determining that it should be registered.
The Fair Work Commission has approved the B&G Enterprises (NSW) Pty Ltd – BG Industrial Plumbing Division Enterprise Agreement 2023 – 2026, effective from the date of registration. The Commission's decision is based on the finding that the agreement was negotiated in good faith, meets all legal requirements, and is in the best interests of the employees. The approved agreement will now govern the employment terms and conditions of the employees within the scope of the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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