Bandag Manufacturing Pty Ltd

[2020] FWCA 1054

[2020] FWCA 1054

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bandag Manufacturing Pty Ltd
(AG2020/122)

BANDAG MANUFACTURING PTY LIMITED ENGINEERING - ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 26 FEBRUARY 2020

Application for approval of the Bandag Manufacturing Pty Ltd Engineering - Enterprise Agreement 2019.

[1] Bandag Manufacturing Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Bandag Manufacturing Pty Limited Engineering – Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I raised a concern, among others, that the Agreement did not contain rates of pay.

[3] On 20 January 2020, together with the application the Employer provided to the Commission a document titled Bandag Engineering – Enterprise Agreement 2019 WAGE SCHEDULE (the Wage Schedule), requesting that the Wage Schedule not be published as part of the Agreement for reasons pertaining to commercial strategy. However, I was not satisfied that the Wage Schedule was an enforceable term of the Agreement and that employees covered by the Agreement were better off overall than the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) in the absence of the Wage Schedule.

[4] Upon receipt of the Employer’s undertakings at Annexure A, I am satisfied that the Wage Schedule is incorporated as an enforceable term of the Agreement and that employees are better of overall than the Award.

[5] Pursuant to s.190(4) of the Act I sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union” (AMWU), being a bargaining representative for the Agreement.

[6] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[7] I have taken into consideration the material filed in the Commission and 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. The Agreement does not cover all of the employees of the Employer, however, taking into account s.186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[8] The AMWU, being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AMWU.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 30 September 2022.

COMMISSIONER

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Annexure A: