BHLP Pty Ltd T/A Caltex Starshop Balga Summary

[2014] FWCA 2799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BHLP Pty Ltd T/A Caltex Starshop Balga
(AG2014/3640)

BHLP PTY LTD COLLECTIVE ENTERPRISE AGREEMENT 2014

Vehicle industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 30 APRIL 2014

Application for approval of the BHLP Pty Ltd Collective Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BHLP Pty Ltd Collective Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] I had some concerns regarding the Classification and Wage Rates clause in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representative for the agreement has indicated their support for the undertaking.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the matter were BHLP Pty Ltd, trading as Caltex Starshop Balga, and the Fair Work Commission. The dispute centred around the application for the approval of the BHLP Pty Ltd Collective Enterprise Agreement 2014. The case was heard in the Fair Work Commission, which is Australia’s workplace relations tribunal.

The primary legal issue the court had to determine was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to consider whether the agreement was made in the course of a genuine bargaining process and whether it complied with the good faith obligations set out in the Act. Furthermore, the court had to assess whether the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

In reaching its decision, the Fair Work Commission considered the submissions from both parties, as well as evidence presented regarding the bargaining process and the contents of the agreement. The Commission found that the agreement was made in good faith and through genuine bargaining. It also determined that the agreement included all the minimum terms and conditions required by the Act and was thus compliant with the statutory requirements. Consequently, the Commission approved the agreement.

The Fair Work Commission ordered that the BHLP Pty Ltd Collective Enterprise Agreement 2014 be approved, effective from the date of the decision. This approval ensures that the terms and conditions of employment set out in the agreement are legally binding on both the employer and the employees covered by the agreement.

BHLP Pty Ltd T/A Caltex Starshop Balga

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established