DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bendex Stainless Steel Fabricators Pty Ltd T/A Bendex Stainless Steel Fabricators Pty Ltd
(AG2020/3596)

BENDEX STAINLESS STEEL FABRICATORS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 10 DECEMBER 2020

Application for approval of the Bendex Stainless Steel Fabricators Pty Ltd Enterprise Agreement 2020.

[1] Bendex Stainless Steel Fabricators Pty Ltd has made an application for the approval of an enterprise agreement known as the Bendex Stainless Steel Fabricators Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 10 December 2020 and, in accordance with s 54, will operate from 17 December 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Bendex Stainless Steel Fabricators Pty Ltd trading as Bendex Stainless Steel Fabricators Pty Ltd, the applicant sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the criteria for registration. The matter was heard in the Fair Work Commission, which is the designated body for handling such applications.

The legal issues before the Commission involved the interpretation of various sections of the Fair Work Act, specifically focusing on whether the agreement provided for a fair and equitable set of terms and conditions for employees and whether it adhered to the mandatory provisions set out in the Act. The Commission needed to determine if the agreement was genuinely a product of genuine and independent bargaining, if it provided for a fair and efficient workplace, and if it was in the best interest of the employees. The applicant argued that the agreement was fair and compliant, while no objections were raised by the relevant parties.

The Fair Work Commission, after a thorough review, found that the proposed enterprise agreement was indeed compliant with the statutory requirements. The Commission held that the agreement was the product of genuine and independent bargaining, and it provided for fair and equitable terms and conditions for the employees. The Commission was satisfied that the agreement met all the necessary criteria for approval and registration under the Fair Work Act. The decision was made in favour of the applicant, approving the enterprise agreement for registration.

The final orders of the Commission were that the Bendex Stainless Steel Fabricators Pty Ltd Enterprise Agreement 2020 be approved and registered under the Fair Work Act 2009. The agreement was to be registered from the date of the decision, and it was to apply to all employees covered by the agreement. The decision provided clarity for the parties involved and ensured that the enterprise agreement would be legally binding and enforceable.

Bendex Stainless Steel Fabricators Pty Ltd T/A Bendex Stainless Steel Fabricators 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