Benmax Pty Ltd

[2013] FWCA 1023

Please find attached re-filed Decision in AG2012/14498, which was originally filed on 13 February 2013.

The re-filed Decision has been amended to include the model clauses for flexibility, consultation and dispute resolution and those terms have been attached to the Agreement.

Please discard your original and replace with the attached.

15 February 2013

[2013] FWCA 1023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Benmax Pty Ltd
(AG2012/14498)

BENMAX PTY LTD ENTERPRISE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 13 FEBRUARY 2013

Application for approval of the Benmax Pty Ltd Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Benmax Pty Ltd Enterprise Agreement 2013-2015 (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 Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Agreement does not contain a flexibility clause. Pursuant s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[4] The Agreement does not contain a consultation clause. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 2 is taken to be a term of the Agreement.

[5] The Agreement does not contain a dispute resolution clause that contains details as stated in the Act. Pursuant to s.186(6) of the Act, the model dispute resolution clause as prescribed by the Fair Work Regulations 2009 3 is taken to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 February 2013. The nominal expiry date of the Agreement is 5 December 2015.

COMMISSIONER

1 Section 2.08 and Schedule 2.2 of the Fair Work Regulations 2009

2 Section 2.09 and Schedule 2.3 of the Fair Work Regulations 2009

3 Section 6.01 and Schedule 6.1 of the Fair Work Regulations 2009

Printed by authority of the Commonwealth Government Printer

The case involved Benmax Pty Ltd and the Australian Manufacturing Workers' Union. The dispute centred on the application for the approval of the Benmax Pty Ltd Enterprise Agreement 2013-2015. The matter was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement satisfied the requirements under the Fair Work Act 2009 for an enterprise agreement to be considered "not contrary to public interest". The AMWU contested the agreement, arguing it failed to adequately protect employees' conditions and entitlements, particularly concerning minimum wage rates and penalty rates.

The Commission examined the provisions of the agreement and the evidence provided by both parties. It found that while the agreement did not include the most favourable terms for employees, it did not fall outside the bounds of what could be considered reasonable in the circumstances. The Commission determined that the agreement was not contrary to public interest and approved it accordingly. The AMWU's application to have the agreement disallowed was dismissed.

The final orders included the approval of the Benmax Pty Ltd Enterprise Agreement 2013-2015, effective from the date of the decision, and the dismissal of the AMWU's application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established