DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
(AG2016/6572)

BBRG ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER SAUNDERS	SYDNEY, 13 DECEMBER 2016

Application for approval of the BBRG Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2016 (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] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 these organisations.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Bekaert Wire Ropes Pty Ltd trading as BBRG Australia, sought approval of the BBRG Enterprise Agreement 2016 under the Fair Work Act 2009. The application was made before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet the legal criteria for being "registered" under the Act. The dispute arose from negotiations between BBRG Australia and its employees, represented by a union, leading to the drafting of the proposed agreement which needed validation by the Commission.

The primary legal issue before the Commission was whether the agreement complied with the statutory requirements for registration. This included determining whether the agreement provided for minimum terms and conditions, ensured it was free from prohibited content, and was genuinely an enterprise agreement negotiated in good faith. The Commission had to assess the procedural fairness of the agreement, including whether the union had genuinely represented the employees during negotiations, and whether the agreement contained mandatory terms as prescribed by the Act.

The Fair Work Commission found that the agreement met all necessary criteria for registration. The Commission was satisfied that the agreement was genuinely an enterprise agreement, negotiated in good faith, and contained all the required minimum terms and conditions. The union's representation of the employees during negotiations was deemed to be legitimate, and no prohibited content was found within the agreement. Consequently, the Commission approved the application for the registration of the BBRG Enterprise Agreement 2016.

The Fair Work Commission's decision was to approve the application for the registration of the BBRG Enterprise Agreement 2016, effective from the date of the decision. The Commission's approval signified that the agreement was compliant with all statutory requirements and would now govern the employment terms and conditions between BBRG Australia and its employees as represented by the union.

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