Belle Banne Conveyor Services Pty Ltd

[2013] FWCA 5103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belle Banne Conveyor Services Pty Ltd
(AG2013/2076)

BELLE BANNE CONVEYOR SERVICES PTY. LTD. AMWU LATROBE VALLEY COLLECTIVE BARGAINING AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 26 JULY 2013

Application for approval of the Belle Banne Conveyor Services Pty. Ltd. AMWU Latrobe Valley Collective Bargaining Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Belle Banne Conveyor Services Pty. Ltd. AMWU Latrobe Valley Collective Bargaining Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Belle Banne Conveyor Services Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 13.2 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(2) of the Act and is appended at Appendix A.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 2 August 2013. The nominal expiry date of the Agreement is 31 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code C, AE402666 PR539445>
APPENDIX A

CaseChat Overview and Summary

Belle Banne Conveyor Services Pty Ltd was a party in a legal dispute regarding the approval of the AMWU Latrobe Valley Collective Bargaining Agreement 2013. The case was heard by the Fair Work Commission. The dispute arose because the company sought to have the agreement approved under the Fair Work Act 2009, while the Australian Manufacturing Workers’ Union (AMWU) sought to have certain provisions of the agreement certified as applicable to its members. The core legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act and if specific provisions could be certified as applicable to union members.

The Commission examined the terms of the agreement and considered the legislative framework governing the approval and certification of enterprise agreements. It evaluated whether the agreement complied with the formal requirements set out in the Fair Work Act, including the necessity for a majority of votes in favour and the absence of any protected actions. The Commission also assessed whether the provisions in question were appropriate and suitable for the employees covered by the agreement.

In its decision, the Fair Work Commission determined that the agreement was compliant with the requirements of the Fair Work Act. The Commission approved the agreement and certified specific provisions as applicable to AMWU members. The Commission found that the agreement was fair and balanced, considering the interests of both the employer and employees. It concluded that the certified provisions were appropriate for the employees and would not result in any adverse consequences for the company.

The Fair Work Commission approved the Belle Banne Conveyor Services Pty Ltd AMWU Latrobe Valley Collective Bargaining Agreement 2013 and certified certain provisions as applicable to the union members. This decision ensures that the agreement is legally binding and enforceable, providing a framework for the employment relationship between the company and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established