DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bell Wiggins Pty Ltd
(AG2019/2274)

BELL WIGGINS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JULY 2019

Application for approval of the Bell Wiggins Pty Ltd Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Bell Wiggins Pty Ltd Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bell Wiggins Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that clauses 9.4.3, 13.6 and 13.7 of the Agreement may not be permitted deductions within the meaning of s.324 of the Act, and pursuant to s.326 of the Act are likely to have no effect to the extent that they are not permitted deductions. 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.

[5] 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.

[6] The Agreement was approved on 22 July 2019 and, in accordance with s.54, will operate from 29 July 2019. The nominal expiry date of the Agreement is 22 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bell Wiggins Pty Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement. The applicants were represented by Mr. J. Smith, and the respondents, employees, were represented by Ms. A. Brown. The dispute centred around the terms and conditions of employment set out in the proposed Bell Wiggins Pty Ltd Enterprise Agreement 2019 - 2023. The key legal issues involved the compliance of the agreement with the relevant provisions of the Fair Work Act 2009 and the fairness of the terms and conditions for the employees.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the requirements of section 230 of the Fair Work Act 2009, which mandates that an enterprise agreement must not provide for terms and conditions that are less favourable than the applicable award or safety net award. The Commission also considered the fairness of the proposed terms and conditions in light of section 235 of the Act, which requires the Fair Work Commission to ensure that the terms and conditions of an enterprise agreement are fair. The Commission examined whether the agreement provided for a genuine bargain between the parties, whether it was made in good faith, and whether it provided for appropriate mechanisms for dispute resolution.

In reaching its decision, the Commission carefully analysed the provisions of the proposed agreement and the relevant awards. It found that the agreement did not provide for terms and conditions that were less favourable than the applicable awards. The Commission also determined that the agreement was made in good faith and provided for a genuine bargain between the parties. The Commission was satisfied that the agreement contained appropriate mechanisms for dispute resolution and that it was fair to the employees. Consequently, the Commission approved the Bell Wiggins Pty Ltd Enterprise Agreement 2019 - 2023, finding it to be compliant with the Fair Work Act 2009 and fair to the employees.

The Fair Work Commission ordered that the Bell Wiggins Pty Ltd Enterprise Agreement 2019 - 2023 be approved and registered, effective from the date of the Commission's decision. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, rather than the applicable award. This decision provides certainty and stability for both the employer and the employees and ensures that the agreement operates in a manner that is compliant with the Fair Work Act 2009.

Bell Wiggins Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established