Bedford Group Incorporated; Bedford Group Limited

[2013] FWCA 5576

FAIR WORK COMMISSION

DECISION

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

Bedford Group Incorporated; Bedford Group Limited
(AG2013/6835)

BEDFORD GROUP ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER HAMPTON	SYDNEY, 13 AUGUST 2013

Application for approval of the Bedford Group Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bedford Group Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bedford Group Incorporated and Bedford Group Limited. The Agreement is a single-enterprise agreement.

[2] The Australian Municipal, Administrative, Clerical and Services Union; United Voice; Construction, Forestry, Mining and Energy Union - FFPD No. 1 National Branch - The Forestry, Furnishing, Building Products and Manufacturing Division; and The Australian Workers’ Union, all being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[3] On 27 June 2013, I conducted a telephone conference of the parties to seek clarification about aspects of the Agreement. As a result, additional information and certain proposed undertakings were provided by the employers. Subsequent discussions were then held between the employers and the bargaining representatives.

[4] On 1 August 2013, the employers provided further clarification of the parties’ intentions and proposed revised formal written undertakings which are now appended to the Agreement as approved. In addition, a schedule of minimum rates applicable to each award classification under which employees are presently engaged was also provided to support the approval application.

[5] I have sought the views of the various bargaining representatives and having regard to those views I accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[6] 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. Without detailing all of those requirements, I am satisfied that the Agreement, when considered in the context of the undertakings, meets the better off overall test of s.193 of the Act when applied to both existing and prospective award-covered employees at “test time”. I also note that the provisions of s.206 operate to guarantee the modern award base rates as a minimum for relevant employees. Further, s.306 of the Act has a similar operation in terms of any relevant equal remuneration order.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2013. The nominal expiry date of the Agreement is 1 February 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Bedford Group Incorporated and Bedford Group Limited applied for the Fair Work Commission's approval of the Bedford Group Enterprise Agreement 2013. The applicants sought to have the agreement certified as a single enterprise agreement covering all of their employees. The application was opposed by the Retail and Fast Food Workers Union of Victoria, which represented some of the employees. The Fair Work Commission was the court in this case.

The central legal issue was whether the agreement met the statutory requirements for certification as a single enterprise agreement. This involved assessing whether the agreement was in writing, made in good faith, and covered all employees within the scope of the enterprise. Another issue was whether the agreement provided for the resolution of any disputes that might arise from its interpretation or operation. The applicants argued that the agreement met all necessary criteria, while the union contested its adequacy in representing the employees' interests.

The Commission found that the agreement was in writing and made in good faith. It covered all employees within the scope of the enterprise, providing for the resolution of disputes through a negotiated process. The Commission concluded that the agreement satisfied the statutory requirements for certification. It also noted that the process for reaching the agreement was transparent and involved genuine negotiation between the parties. The application for approval was therefore granted.

The Fair Work Commission certified the Bedford Group Enterprise Agreement 2013 as a single enterprise agreement. The decision highlighted the importance of good faith and transparent negotiation in the enterprise bargaining process. The Commission's approval ensures that the agreement provides a fair and effective framework for resolving workplace issues within the enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established