Bauer Foundations Australia Pty Limited Summary

[2014] FWCA 1203

FAIR WORK COMMISSION

DECISION

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

Bauer Foundations Australia Pty Limited
(AG2014/230)

BAUER FOUNDATIONS AUSTRALIA PTY LTD QUEENSLAND AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 FEBRUARY 2014

Application for approval of the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 6 February 2014 by Bauer Foundations Australia Pty Limited for the approval of a single-enterprise agreement known as the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013(“the Agreement”).

[2] On 19 February 2014 the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement and is attached to the Agreement.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

In the matter of Bauer Foundations Australia Pty Limited, the Fair Work Commission was presented with an application for the approval of the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013. The application arose amidst a dispute between the employer and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees. The central issue before the Commission was whether the terms of the enterprise agreement met the statutory criteria for approval as prescribed under the Fair Work Act 2009. This involved assessing the agreement's compliance with procedural fairness and its alignment with the core principles of the national workplace relations system.

The legal issues that required resolution included the verification of procedural fairness in the negotiation and drafting of the agreement, the examination of whether the agreement adhered to the statutory minimum entitlements, and the consideration of any potential adverse effects the agreement might have on the broader industrial relations environment. The Commission was tasked with ensuring that the agreement did not undermine the minimum safety net of entitlements and that it did not create an unfair imbalance in the bargaining power between the employer and the employees. Additionally, the Commission had to determine whether the agreement contained any terms that were contrary to the public interest.

In delivering its decision, the Commission found that the enterprise agreement met all the statutory requirements for approval. The procedural fairness of the agreement was upheld as the Commission was satisfied that the negotiation process was conducted in good faith and that the employees had been adequately represented. The terms of the agreement were consistent with the statutory minimum entitlements, and the Commission was not persuaded that the agreement would create an unfair imbalance in bargaining power or have any detrimental effects on the broader industrial relations environment. Consequently, the application for approval was granted, and the enterprise agreement was approved as of the effective date specified within its terms.

The final orders of the Commission included the approval of the Bauer Foundations Australia Pty Ltd Queensland and Northern Territory Enterprise Agreement 2013, with the effective date as agreed upon by the parties. The Commission emphasised the importance of the agreement being implemented in accordance with its terms, and it directed that any disputes arising from the agreement be referred to the appropriate dispute resolution mechanisms as outlined within the agreement. The Commission also noted that ongoing compliance with the Fair Work Act and the terms of the approved agreement would be subject to monitoring and enforcement by the Fair Work Ombudsman.

Bauer Foundations Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established