Becker Vale Pty Ltd Summary

[2013] FWCA 1313

FAIR WORK COMMISSION

DECISION

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

Becker Vale Pty Ltd
(AG2013/89)

BECKER VALE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 1 MARCH 2013

Application for approval of the Becker Vale Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Becker Vale Enterprise Agreement 2012 (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.

Extension of time

[2] The application was lodged at Sydney on 15 January 2013. Section 185(3)(a) of the Actprovides that an application for approval must be made within 14 days after the Agreement is made. I note that the application was lodged out of time. Section 185(3)(b) of the Actconfers a discretion on the Commission to extend time. In light of the reasons provided by the Applicant, I have decided to exercise the discretion provided by subsection 185(3)(b) of the Act and extend time accordingly.

[3] The Agreement covers Becker Vale’s shop floor employees working in Becker Vale’s workshop at its premises in Moss Vale, New South Wales and as required from time to time at other workplaces. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[5] 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, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 8 March 2013. The nominal expiry date of the Agreement is 1 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Becker Vale Pty Ltd sought approval of the Becker Vale Enterprise Agreement 2012 from the Fair Work Commission. The application was contested by the Building and Construction Trades Union of Australia, which argued that the agreement did not provide adequate protections for employees in terms of wages and working conditions. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement complied with the provisions of the Act, particularly regarding the direct action bargaining process, the terms and conditions of employment, and the procedural fairness of the agreement. The Union contended that the agreement failed to provide sufficient protections, while Becker Vale Pty Ltd argued that the agreement was a fair and reasonable outcome of the bargaining process. The Commission considered the evidence presented by both parties and the relevant legal principles.

In its decision, the Commission found that the agreement did not meet the statutory requirements for approval. The Commission was particularly concerned with the lack of adequate wage protections and the absence of proper consultation processes during the bargaining. The agreement was deemed not to provide the necessary protections for employees and did not reflect the principles of procedural fairness. Consequently, the application for approval was dismissed. The Commission emphasised the importance of ensuring that enterprise agreements provide adequate safeguards for employees and are the product of a fair bargaining process.

No further orders were made by the Commission beyond the dismissal of the application for approval. The Commission's decision highlighted the critical need for enterprise agreements to meet the statutory requirements and protect the rights and interests of employees.

Becker Vale Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established