DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belle Banne Conveyor Services Pty Ltd for the joint venture of Belle Banne (Vic) Hybrid Unit Trust & Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services Pty Ltd
(AG2016/6946)

BELLE BANNE CONVEYOR SERVICES PTY. LTD. AMWU LATROBE VALLEY COLLECTIVE BARGAINING AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 15 DECEMBER 2016

Application for approval of the Belle Banne Conveyor Services Pty. Ltd. AMWU Latrobe Valley Collective Bargaining Agreement 2016.

[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 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belle Banne Conveyor Services Pty Ltd for the joint venture of Belle Banne (Vic) Hybrid Unit Trust & Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 15 December 2016 and, in accordance with s.54, will operate from 22 December 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant sought approval for a collective bargaining agreement that had been negotiated between the employer and the Australian Manufacturing Workers' Union. The applicant, a company involved in a joint venture, sought approval for the agreement under the Fair Work Act 2009. The case was heard in the Fair Work Commission. The applicant needed to demonstrate that the agreement met the requirements for approval under the Act. Specifically, the agreement had to be in writing, provide for the terms and conditions of employment, and not include terms that were contrary to public policy or otherwise unlawful.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The Commission considered the terms of the agreement and found that they did not contravene any provisions of the Fair Work Act or any other relevant legislation. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the collective bargaining agreement, finding that it met all the requirements for approval under the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also found that the agreement did not contravene any provisions of the Fair Work Act or any other relevant legislation. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer. The Commission made an order approving the agreement.

Belle Banne Conveyor Services Pty Ltd for the joint venture of Belle Banne (Vic) Hybrid Unit Trust & Fenner Dunlop Conveyor Services Pty Ltd T/A Belle Banne Conveyor Services 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