DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bam & Associates Pty Ltd as Trustee for BAM Trading Trust
(AG2019/1902)

BAM TRADING TRUST ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2019

Application for approval of the BAM Trading Trust Enterprise Agreement 2018-2021

[1] Bam & Associates Pty Ltd as Trustee for BAM Trading Trust has made an application for approval of an enterprise agreement known as the BAM Trading Trust Enterprise Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I note that while employees were provided with a Notice of Employee Representational Rights, the notice was not in the prescribed form. 1 The notice was provided on company letterhead and the reference to ‘speak to your employer’ in the final paragraph of the prescribed notice was replaced with a reference to the specific employer bargaining representative. However, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Construction, Forestry, Maritime, Mining and Energy Union 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 June 2019 and, in accordance with s 54, will operate from 2 July 2019. The nominal expiry date of the Agreement is 22 August 2021.

DEPUTY PRESIDENT

1 See s 174(1A) Fair Work Act 2009; and Schedule 2.1, r 2.05 Fair Work Regulations 2009

2 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Bam & Associates Pty Ltd as Trustee for BAM Trading Trust applied for the approval of the BAM Trading Trust Enterprise Agreement 2018-2021. The application was brought under the Fair Work Act 2009. The dispute centred around the terms of the proposed enterprise agreement, which aimed to regulate the employment conditions of certain employees within the organisation. The parties involved were Bam & Associates Pty Ltd, acting as the trustee for the BAM Trading Trust, and the employees represented by a union.

The legal issues before the court were whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the court had to determine if the agreement complied with the provisions concerning the disclosure of information, the treatment of protected industrial action, and the process for resolving disputes. The court also needed to consider whether the agreement contained terms that were contrary to public policy or were otherwise invalid.

The court examined the agreement thoroughly, considering the statutory criteria and relevant case law. It found that the agreement met the necessary legal standards for approval. The court was satisfied that the agreement contained all required information and that it did not undermine protected industrial action. Additionally, the dispute resolution mechanisms outlined in the agreement were deemed adequate. The court concluded that the agreement was valid and could be approved, as it did not contravene any statutory requirements and was in the best interests of the employees.

Consequently, the Fair Work Commission approved the BAM Trading Trust Enterprise Agreement 2018-2021, finding it to be fair and reasonable. The decision was based on the comprehensive review of the agreement's terms and its compliance with the relevant legislative framework.

Bam & Associates Pty Ltd as Trustee for BAM Trading Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established