DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bampak Building Pty Ltd
(AG2021/6533)

BAMPAK BUILDING PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 18 AUGUST 2021

Application for approval of the Bampak Building Pty Ltd Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Bampak Building Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bampak Building 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bampak Building Pty Ltd was the subject of an application for the approval of an enterprise agreement before the Fair Work Commission. The applicant, Bampak Building Pty Ltd, sought the approval of the Bampak Building Pty Ltd Enterprise Agreement 2021, which had been negotiated between the company and its employees. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement complied with the relevant provisions of the Act and whether it was made in good faith and in the spirit of cooperative action.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, whether it had been made without coercion, and if the agreement met the criteria for being a genuinely bargained agreement. Additionally, the Commission needed to assess if the agreement included all the required terms and conditions as mandated by the Fair Work Act, and whether it complied with the relevant provisions concerning minimum entitlements and safety standards. The Commission also had to consider if the agreement was consistent with the principles of procedural fairness and good faith bargaining.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the Bampak Building Pty Ltd Enterprise Agreement 2021 met all the statutory requirements for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions, was made without coercion, and was a genuinely bargained agreement. The Commission also confirmed that the agreement included all the required terms and conditions as mandated by the Fair Work Act and was consistent with the principles of procedural fairness and good faith bargaining. Therefore, the Commission approved the agreement, finding that it met the criteria for approval under the Act.

In light of the findings, the Fair Work Commission approved the Bampak Building Pty Ltd Enterprise Agreement 2021, which will now govern the employment conditions of the employees of Bampak Building Pty Ltd. This decision ensures that the agreement is legally binding and enforceable, providing clarity and stability for both the employer and the employees. The approval also reinforces the importance of good faith bargaining and compliance with the statutory requirements for enterprise agreements under the Fair Work Act.

Bampak Building 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