DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bardrill Corporation Limited
(AG2019/1261)

BARDRILL CORPORATION LIMITED ENTERPRISE AGREEMENT NO.7 (2019)

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 1 JULY 2019

Application for approval of the Bardrill Corporation Limited Enterprise Agreement No. 7 (2019).

[1] An application has been made for approval of an enterprise agreement known as the Bardrill Corporation Limited Enterprise Agreement No. 7 (2019) (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bardrill Corporation Limited. 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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 July 2019. The nominal expiry date of the Agreement is 2 September 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bardrill Corporation Limited applied for approval of the Bardrill Corporation Limited Enterprise Agreement No. 7 (2019) in the Fair Work Commission. The application arose from negotiations between the company and the employees' representative, the Electrical Trades Union of Australia. The agreement sought to regulate various aspects of employment, including wages, conditions of work, and dispute resolution mechanisms. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in terms of its compliance with the ‘better off overall test’.

The legal issues before the Commission involved assessing whether the agreement provided employees with a better overall package compared to the applicable award or previous agreement, and whether the agreement was made in good faith. The Commission had to scrutinise the evidence provided regarding the financial implications of the agreement, the views of the employees, and whether the agreement facilitated efficient workplace relations. Additionally, the Commission needed to ensure that the agreement did not undermine any existing rights or protections afforded to employees under the relevant industrial instruments.

In delivering its decision, the Commission examined the detailed submissions from both parties, including financial analyses and employee feedback. The Commission found that the proposed agreement did indeed meet the better off overall test, as it provided employees with a combination of increased wages, improved working conditions, and enhanced dispute resolution processes. The Commission was satisfied that the agreement was made in good faith and would facilitate efficient workplace relations. Consequently, the Fair Work Commission approved the Bardrill Corporation Limited Enterprise Agreement No. 7 (2019), making it a legally binding instrument between the company and the employees.

Bardrill Corporation Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established