DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B.H.T Bundy Pty Ltd
(AG2020/2281)

B.H.T. BUNDY PTY LTD ENTERPRISE AGREEMENT 2020

Agricultural industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 SEPTEMBER 2020

Application for approval of the B.H.T. Bundy Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the B.H.T. Bundy Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B.H.T Bundy Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I note that Clauses 13.2(a) and 15.1 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2020. The nominal expiry date of the Agreement is 22 September 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of B.H.T Bundy Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of the B.H.T Bundy Pty Ltd Enterprise Agreement 2020. The applicant, B.H.T Bundy Pty Ltd, sought approval of the agreement which had been negotiated between the company and a group of its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated and whether it complied with the procedural and substantive provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith and whether it contained terms that were unfair. Additionally, the Commission had to consider the balance of the agreement's terms and whether it provided for a fair and reasonable workplace.

The Fair Work Commission found that the B.H.T Bundy Pty Ltd Enterprise Agreement 2020 was genuinely negotiated in good faith and met the procedural requirements of the Fair Work Act. The Commission considered that the agreement contained terms that were fair and reasonable, taking into account the nature of the industry and the bargaining positions of the parties. After reviewing the evidence and submissions, the Commission concluded that the agreement was not unfair and thus approved it. The Commission's approval ensures that the terms of the agreement can be enforced between the parties, providing a stable and agreed-upon framework for the employment relationship.

B.H.T Bundy Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established