Bendex Stainless Steel Fabricators Pty Ltd

[2024] FWCA 3049

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bendex Stainless Steel Fabricators Pty Ltd

(AG2024/2977)

APPLICATION FOR APPROVAL OF THE BENDEX STAINLESS STEEL FABRICATORS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 21 AUGUST 2024

Application for approval of the Bendex Stainless Steel Fabricators Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Bendex Stainless Steel Fabricators Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bendex Stainless Steel Fabricators Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 31 May 2024 and the Agreement was made on 22 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Applicant lodged its application for approval of the Agreement with the Commission on 6 August 2024, 15 days after the agreement was made. Section 185(3)(a) of the Act requires applications to be lodged within 14 days of the agreement being made. On 20 August 2024, the Applicant wrote to my Chambers explaining that the lodgement was delayed due to the Applicant’s Practice Leader being away on leave at the time. In the circumstances, I consider that it is fair to extend to the lodgement period to 6 August 2024, in accordance with Section 185(3)(b) of the Act.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2024. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

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CaseChat Overview and Summary

Bendex Stainless Steel Fabricators Pty Ltd recently faced an application for approval of an enterprise agreement with its employees. The application was brought before the Fair Work Commission. The company, a fabricator of stainless steel products, and its employees were at odds over several terms of the proposed agreement. The crux of the dispute revolved around specific provisions related to wages, working hours, and redundancy conditions.

The central legal issues the Commission had to resolve were whether the agreement provided a safety net of minimum entitlements, was free from prohibited content, and had been made in good faith. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. It needed to confirm that the agreement met the necessary standards for approval, including that it did not undermine the protections afforded to employees by the Fair Work Act.

After thorough examination, the Fair Work Commission found that the agreement did indeed provide a safety net of minimum entitlements. The provisions regarding wages, working hours, and redundancy were deemed to be fair and in line with the statutory requirements. Additionally, the Commission determined that the agreement was free from prohibited content and had been made in good faith. The evidence presented indicated that the parties had engaged in genuine negotiations, and the agreement reflected a balanced consideration of both parties' interests. Consequently, the Commission approved the enterprise agreement, ensuring its compliance with relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established