Benmax Pty Limited T/A Benmax Summary

[2022] FWCA 1500

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Benmax Pty Limited T/A Benmax

(AG2022/759)

Benmax Pty Ltd Enterprise Agreement 2022-2025

Plumbing industry
COMMISSIONER MIRABELLA	MELBOURNE, 5 MAY 2022

Application for approval of the Benmax Pty Ltd Enterprise Agreement 2022-2025.

Benmax Pty Limited T/A Benmax (the Employer) has made an application for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2022-2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

I observe that clause 16.1.6 (notice by employees) is likely to be inconsistent with the National Employment Standards (NES). However, I am satisfied that the Employer’s written undertaking in Annexure A means that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Form F17 Declaration lodged did not provide the notification time for the Agreement. On 4 April 2022, the Employer filed an amended version of the Form F17 Declaration correcting the error identified. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement was approved on 5 May 2022 and, in accordance with s.54, will operate from 12 May 2022. The nominal expiry date of the Agreement is 28 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Benmax Pty Limited, trading as Benmax, sought approval of their Enterprise Agreement 2022-2025. The application was made to the Fair Work Commission, which was tasked with determining if the agreement met the statutory requirements under the Fair Work Act 2009. The decision was contested by the Australian Manufacturing Workers' Union, who argued that the agreement did not comply with certain provisions of the Act.

The primary legal issues before the Commission were whether the agreement complied with the requirements for good faith bargaining, and whether it met the standards for procedural fairness. The Commission had to consider whether the agreement was made in good faith and whether the process for its negotiation was fair. Additionally, the Commission needed to examine if the agreement adequately provided for the employees' rights and entitlements, including minimum wages and conditions.

In delivering the decision, the Commission held that the agreement was made in good faith and the bargaining process was fair. The Commission found that the agreement met the requirements of the Fair Work Act and was fair and reasonable in all its terms. The Commission noted that the agreement provided for minimum wages and conditions, and included provisions for dispute resolution and other matters that were necessary for the proper functioning of the workplace. The Commission approved the Enterprise Agreement 2022-2025, and it is now in force.

Benmax Pty Limited T/A Benmax

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established