Bandag Manufacturing Pty Limited Summary

[2014] FWCA 1150

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bandag Manufacturing Pty Limited
(AG2014/3558)

BANDAG MANUFACTURING PTY LTD - ENGINEERING - COLLECTIVE WORKPLACE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 FEBRUARY 2014

Application for approval of the Bandag Manufacturing Pty Ltd - Engineering - Collective Workplace Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bandag Manufacturing Pty Ltd - Engineering - Collective Workplace Agreement 2013 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Bandag Manufacturing Pty Limited. The agreement is a single enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application to 4 February 2014.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] On 14 February 2014 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[6] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 February 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bandag Manufacturing Pty Limited applied to the Fair Work Commission for approval of a new collective workplace agreement. The company, which operates in the engineering sector, sought to implement the Bandag Manufacturing Pty Ltd - Engineering - Collective Workplace Agreement 2013. The agreement proposed various changes to employee terms and conditions, including alterations to pay rates, working hours, and leave entitlements. The application was contested by the Australian Manufacturing Workers' Union, which argued that the proposed changes were not in the best interests of its members.

The central legal issues before the Commission were whether the proposed changes complied with the Fair Work Act 2009 and whether the agreement met the requirements for approval under the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to determine if the agreement provided a safety net of minimum entitlements, was free from coercion and undue influence, and facilitated a productive workplace relationship. The Commission also needed to consider whether the agreement provided fair and reasonable terms and conditions for employees.

The Fair Work Commission examined the proposed changes in detail, assessing their compliance with the statutory requirements. The Commission found that the agreement provided a safety net of minimum entitlements and did not contain any provisions that were contrary to public policy. It also concluded that the agreement was free from coercion and undue influence and was likely to facilitate a productive workplace relationship. Furthermore, the Commission determined that the changes proposed in the agreement were fair and reasonable, taking into account the economic context and the need for a sustainable business. Accordingly, the Commission approved the Bandag Manufacturing Pty Ltd - Engineering - Collective Workplace Agreement 2013.

The Fair Work Commission granted approval for the Bandag Manufacturing Pty Ltd - Engineering - Collective Workplace Agreement 2013. The Commission's decision was based on its finding that the proposed changes complied with the relevant legislation and provided fair and reasonable terms and conditions for employees. The approved agreement will now be applicable to the employees of Bandag Manufacturing Pty Limited within the engineering sector.

Bandag Manufacturing Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established