Bekaert Wire Ropes Pty Ltd T/A BBRG Australia Summary

[2021] FWCA 6278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia
(AG2021/7437)

BBRG ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 14 OCTOBER 2021

Application for approval of the BBRG Enterprise Agreement 2021.

[1] Bekaert Wire Ropes Pty Ltd T/A BBRG Australia (the Employer) has applied for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Australian Workers’ Union (AWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU advised my chambers that it did not wish to comment on the undertakings provided by the Employer. The CEPU did not provide any response.

[3] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The AWU and the 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) of the Act I note that the Agreement covers the AWU and the CEPU.

[6]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 October 2021. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the recent decision of Bekaert Wire Ropes Pty Ltd T/A BBRG Australia, the Fair Work Commission was tasked with approving an enterprise agreement proposed by the employer. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provision of employee protections and terms and conditions of employment. The Fair Work Commission, led by Commissioner Douglas Riordan, was the judicial body responsible for assessing the agreement.

The legal issues before the Commission included whether the agreement provided adequate minimum entitlements, including wages, leave, and other conditions, and whether it complied with the process and content requirements outlined in the Act. Another significant issue was whether the agreement was genuinely negotiated and if it provided for a fair and efficient workplace. The Commission also had to consider submissions from both the employer and the Australian Manufacturing Workers’ Union, which represented the employees.

The Fair Work Commission found that the agreement generally provided for appropriate minimum entitlements and adhered to the legislative requirements. The Commission acknowledged that the agreement was the result of genuine negotiations between the parties and provided for a fair and efficient workplace. Commissioner Douglas Riordan concluded that the agreement was consistent with the principles of the Act and granted approval, subject to certain modifications to ensure compliance with specific provisions regarding shift and weekend loadings.

The final orders included the approval of the BBRG Enterprise Agreement 2021, with conditions attached to address the concerns raised by the Commission. These conditions required the employer to make specific changes to the agreement to ensure compliance with the Fair Work Act, particularly in relation to shift and weekend loadings. This decision highlights the importance of thorough negotiation processes and the need for enterprise agreements to comply with the legislative framework to secure approval from the Fair Work Commission.

Bekaert Wire Ropes Pty Ltd T/A BBRG Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established