DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benmax Pty Limited T/A Benmax
(AG2019/349)

BENMAX PTY LTD ENTERPRISE AGREEMENT 2019-2022

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 4 JULY 2019

Application for approval of the Benmax Pty Ltd Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Benmax Pty Limited T/A Benmax. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2019. The nominal expiry date of the Agreement is 28 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Benmax Pty Limited, trading as Benmax, applied to the Fair Work Commission for approval of the Benmax Pty Ltd Enterprise Agreement 2019-2022. The application was made under section 232 of the Fair Work Act 2009, as the parties had been unable to reach an agreement on their own. The dispute centred around various terms and conditions of employment, including wages, hours of work, and leave provisions, as well as other employment-related matters. The Commission was tasked with determining whether the proposed agreement met the legal criteria for approval, particularly focusing on whether it was in the best interests of the employees and did not undermine the safety net of minimum entitlements.

The legal issues the court needed to decide were whether the agreement provided for fair and reasonable terms and conditions, if it met the "no disadvantage test," and if it was in the best interests of the employees. The "no disadvantage test" required the court to ensure that no employee would be worse off under the proposed agreement compared to their current conditions or the applicable awards or registered agreements. Additionally, the court had to assess whether the agreement met the procedural requirements for approval, such as proper consultation and notification processes.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, concluded that the proposed agreement was fair and reasonable and did not place any employee at a disadvantage. The Commission found that the agreement contained appropriate terms and conditions that were consistent with the overarching objectives of the Fair Work Act. The agreement was also deemed to be in the best interests of the employees, as it provided for fair remuneration, reasonable working hours, and adequate leave provisions, among other benefits. Consequently, the Commission approved the agreement, noting the importance of maintaining a balance between the rights of employers and employees. The final orders included the approval of the enterprise agreement and its registration with the Fair Work Commission, effective from the specified period of 2019 to 2022.

Benmax Pty Limited T/A Benmax

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established