Belle Banne Conveyor Services Pty Ltd Summary

[2022] FWCA 2339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Belle Banne Conveyor Services Pty Ltd

(AG2022/2266)

Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022

Mining industry
DEPUTY PRESIDENT BELL	MELBOURNE, 13 JULY 2022

Application for approval of the Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022

An application has been made for approval of an enterprise agreement known as the Belle Banne Conveyors AMWU Latrobe Valley Collective Bargaining Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Belle Banne Conveyor Services Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, 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. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.

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.

The Agreement was approved on 13 July 2022 and, in accordance with s.54, will operate from 20 July 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Belle Banne Conveyor Services Pty Ltd sought approval for the 2022 AMWU Latrobe Valley Collective Bargaining Agreement through an application before the Fair Work Commission. The dispute centred around the terms of the agreement, specifically whether the conditions outlined therein were consistent with the Fair Work Act 2009. The company argued that the agreement was necessary to ensure the smooth operation of its business and to provide fair terms for its employees, while the Australian Manufacturing Workers' Union (AMWU) contended that the agreement adequately represented the interests of the workers.

The key legal issues before the Commission were whether the agreement met the requirements set out in the Fair Work Act, particularly in relation to the process by which it was negotiated and the extent to which it complied with the provisions for good faith bargaining. The Commission needed to determine whether the agreement was made in good faith, whether it was negotiated fairly and effectively, and whether it provided appropriate protections for the employees involved. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees and the company.

In its decision, the Commission found that the agreement was made in good faith and was the product of effective negotiation between the parties. The Commission was satisfied that the process adhered to the requirements of the Fair Work Act and that the terms of the agreement provided fair and reasonable protections for the employees. The Commission noted the importance of the agreement in maintaining industrial harmony and ensuring the continued operation of the company. Consequently, the Commission approved the 2022 AMWU Latrobe Valley Collective Bargaining Agreement, determining that it met the statutory requirements and was in the best interests of the employees and the employer.

The final orders of the Commission included the approval of the 2022 AMWU Latrobe Valley Collective Bargaining Agreement, which is now recognised as a valid and binding agreement under the Fair Work Act. The agreement will be registered and enforceable, providing the terms of employment for the employees of Belle Banne Conveyor Services Pty Ltd.

Belle Banne Conveyor Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established