Bedford Group Incorporated; Bedford Group Limited

[2013] FWCA 5576

[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

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