DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
(AG2020/2801)

BBRG ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 OCTOBER 2020

Application for approval of the BBRG Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bekaert Wire Ropes Pty Ltd T/A BBRG Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Workers’ Union (AWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 9 October 2020 and, in accordance with s.54, will operate from 16 October 2020. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia recently applied to the Fair Work Commission for the approval of the BBRG Enterprise Agreement 2020. The applicant sought to have the agreement certified as a single-enterprise agreement, applicable to a number of employees within the organisation. The dispute centred on whether the agreement met the legal standards and requirements set forth by the Fair Work Act 2009, including provisions regarding the terms and conditions of employment, and the representation of the workforce.

The legal issues before the court required an examination of the agreement's compliance with the statutory criteria for certification. This included verifying that the agreement was genuinely negotiated and that it provided for the terms and conditions of employment of the relevant employees. Additionally, the court had to ensure that the agreement was supported by a majority of the employees it covered, and that it did not contain any provisions that would unfairly discriminate against any class of employees.

In delivering its decision, the Fair Work Commission carefully considered the evidence presented by the parties, including the negotiation process and the manner in which the agreement was presented to the employees for their approval. The Commission found that the agreement was genuinely negotiated and met the statutory requirements for certification. It was concluded that the agreement contained fair and reasonable terms and conditions of employment and did not unfairly discriminate against any class of employees. Accordingly, the Commission approved the agreement as a single-enterprise agreement, effective from the date of the decision.

The Fair Work Commission's decision to approve the BBRG Enterprise Agreement 2020 provides clarity and legal certainty to the parties involved. It confirms that the agreement is compliant with the statutory requirements and can now be implemented within the organisation. This outcome ensures that the rights and obligations of the employees and the employer are clearly defined and that the agreement will operate effectively within the framework of the Fair Work Act 2009.

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established