Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone

[2022] FWCA 1353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone

(AG2022/1118)

BAM Trading Trust Enterprise Agreement 2021-2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 20 APRIL 2022

Application for approval of the BAM Trading Trust Enterprise Agreement 2021-2024.

An application has been made for approval of an enterprise agreement known as the BAM Trading Trust Enterprise Agreement 2021-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bam & Associates Pty Ltd as Trustee for Bam Trading Trust T/A Bamstone. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) 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 was approved on 20 April 2022 and, in accordance with s.54, will operate from 27 April 2022. The nominal expiry date of the Agreement is 22 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Bam & Associates Pty Ltd as Trustee for Bam Trading Trust trading as Bamstone, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The dispute arose between the employer and the employees, with the Commission needing to determine whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues the Court needed to resolve included whether the agreement provided for the proper negotiation process, covered all mandatory terms and conditions, and was in the best interests of the employees. Additionally, the Court had to assess whether the agreement complied with the requirements for a small business enterprise agreement, given the nature and size of the business.

Upon examination, the Fair Work Commission found that the negotiation process was conducted in good faith and that all mandatory terms and conditions were adequately covered within the agreement. The Court noted that the agreement provided for fair and reasonable terms, addressing issues such as wages, hours of work, and other employment conditions. Furthermore, the Commission determined that the agreement was in the best interests of the employees, as it offered protections and benefits that were fair and reasonable. The Court also concluded that the agreement complied with the statutory requirements for a small business enterprise agreement, taking into account the size and nature of the business. Based on these findings, the Fair Work Commission approved the BAM Trading Trust Enterprise Agreement 2021-2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established