DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
(AG2019/828)

BBRG ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 11 JULY 2019

Application for approval of the BBRG Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2018 (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 are relevant to this application for approval and have been met.

[3] I note that clause 2.1.9(c) of the Agreement makes provision for the employer to deduct funds for employees failing to return the Company’s Property. In my view, this clause may not be a permitted deduction within the meaning of s.324 of the Act, and pursuant to s.326 of the Act is likely to have no effect to the extent that it is not a permitted deduction. However, notwithstanding my views on that, it is not a matter to which I am to have regard in terms of whether or not the Agreement should be approved and does not represent a barrier to the approval of the Agreement.

[4] The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 July 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved a dispute regarding the approval of the BBRG Enterprise Agreement 2018 between Bekaert Wire Ropes Pty Ltd, trading as BBRG Australia, and the Australian Manufacturing Workers' Union. The union sought approval for the agreement, which aimed to govern the terms and conditions of employment for its members working under the agreement. The company contested the approval, arguing that the agreement contained provisions that were not in the best interests of the employees.

The primary legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009 and whether the provisions within it were fair and reasonable. Specifically, the court examined if the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets and if it adhered to the procedural requirements for the approval of enterprise agreements. Furthermore, the court assessed the direct and indirect implications of the agreement on the employees' rights and protections.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The court held that the agreement provided for terms and conditions that were no less favourable than the applicable awards or safety nets. It also determined that the agreement was procedurally sound, having been made in good faith, and that the employees had been adequately informed about the agreement. The court was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the BBRG Enterprise Agreement 2018.

In approving the agreement, the Fair Work Commission made an order that the BBRG Enterprise Agreement 2018, as lodged with the Commission on 17 September 2018, be approved. This decision ensured that the agreement would govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval. The Commission's order provided legal certainty and clarity for both the employer and the employees, allowing the agreement to be implemented without further dispute.

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