DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bernard Hart Nominees Pty Ltd T/A Bendigo Metals
(AG2018/5660)

BENDIGO METALS SHOP FLOOR EMPLOYEES ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER BISSETT	MELBOURNE, 1 APRIL 2019

Application for approval of the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bernard Hart Nominees Pty Ltd T/A Bendigo Metals. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2019. The nominal expiry date of the Agreement is 1 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bernard Hart Nominees Pty Ltd, trading as Bendigo Metals, applied for approval of the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018-2022. The Fair Work Commission was tasked with determining whether the agreement met the requirements under the Fair Work Act 2009, including compliance with the process set out for the approval of enterprise agreements.

The primary legal issue before the Commission was whether the agreement had been made in accordance with the relevant legislative provisions, particularly concerning the procedural fairness in the manner in which the agreement was formed. The Commission needed to assess whether the agreement was genuinely negotiated and whether the requisite majority of employees had agreed to the terms of the agreement.

The Commission found that the negotiation process was procedurally fair and that the agreement had been genuinely negotiated between the employer and the union. The majority of employees had voted in favour of the agreement, meeting the legislative requirements for approval. Consequently, the Commission concluded that the agreement met all necessary criteria under the Fair Work Act 2009 and granted approval of the Bendigo Metals Shop Floor Employees Enterprise Agreement 2018-2022. The final orders included the formal approval of the agreement and the establishment of its effective date.

Bernard Hart Nominees Pty Ltd T/A Bendigo Metals

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established