Bekaert Wire Ropes Pty Ltd T/A BEKAERT

[2024] FWCA 3764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bekaert Wire Ropes Pty Ltd T/A BEKAERT

(AG2024/3590)

BBRG ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 11 NOVEMBER 2024

Application for approval of the BBRG Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the BBRG Enterprise Agreement 2024 (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. The Agreement is a single enterprise agreement.
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.

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.
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 these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2024. The nominal expiry date of the Agreement is 31 August 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Bekaert Wire Ropes Pty Ltd, trading as BEKAERT, to the Fair Work Commission for approval of the BBRG Enterprise Agreement 2024. The dispute arose as the agreement was being implemented, and certain issues regarding its terms and conditions needed judicial interpretation. The Fair Work Commission, being the tribunal of first instance in such matters, was tasked with deciding whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained terms that were in breach of the provisions of the Fair Work Act, particularly in relation to the mandatory minimum entitlements of employees. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient method of determining employees' conditions of employment. Another key issue was whether the agreement complied with the procedural requirements for the negotiation and making of enterprise agreements.

In its decision, the Fair Work Commission meticulously reviewed the agreement, finding that it did not contravene any provisions of the Fair Work Act. The Commission held that the agreement was made in good faith, provided for a fair and efficient method of determining employees' conditions of employment, and complied with all procedural requirements. Consequently, the Commission approved the BBRG Enterprise Agreement 2024, acknowledging that it met the legal standards required for its implementation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established