Belridge Bond Pty Ltd as trustee for the Alston Family Trust

[2014] FWCA 5317

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belridge Bond Pty Ltd as trustee for the Alston Family Trust
(AG2014/6433)

BELRIDGE BOND ENTERPRISE AGREEMENT 2014

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 5 AUGUST 2014

Application for approval of the Belridge Bond Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Belridge Bond Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belridge Bond Pty Ltd as trustee for the Alston Family Trust. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 6.3, 7, 8, 14, 18, 19, 21, 25 and Schedule 2 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Agreement was approved in Chambers on 5 August 2014 and, in accordance with s.54 of the Act, will operate from 12 August 2014. The nominal expiry date of the Agreement is 4 August 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Belridge Bond Pty Ltd as trustee for the Alston Family Trust sought approval of the Belridge Bond Enterprise Agreement 2014. The application involved assessing whether the agreement met the necessary requirements under the Fair Work Act 2009. The respondents, who included various employee representatives, contested the approval on several grounds, arguing that the agreement failed to adequately address issues of wages, conditions, and procedural fairness.

The central legal issues before the Commission were whether the agreement provided for minimum wages and conditions, if it was free from prohibited content, and if it was made in good faith. Additionally, the Commission had to consider if the agreement contained appropriate mechanisms for resolving disputes and if it complied with procedural fairness standards, including adequate consultation and notification processes. The Commission also needed to determine if the agreement satisfied the criteria for being a simple, single-enterprise agreement under the Fair Work Act.

The Fair Work Commission found that the agreement did not meet the requirements for approval. The agreement did not provide for minimum wages and conditions as mandated by the Fair Work Act. Furthermore, the Commission identified that the agreement contained content that was not permissible under the Act, including provisions that did not align with procedural fairness and good faith bargaining principles. The Commission also concluded that the consultation processes were inadequate, failing to meet the standards set by the Act. Consequently, the application for approval was dismissed.

The Fair Work Commission dismissed the application for approval of the Belridge Bond Enterprise Agreement 2014. The decision emphasised the importance of ensuring that enterprise agreements comply with the Fair Work Act's requirements for minimum wages, conditions, and procedural fairness. The Commission's ruling highlighted the necessity for adequate consultation and the avoidance of prohibited content in such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established