Bison Project Group Pty Ltd

[2024] FWCA 3013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bison Project Group Pty Ltd

(AG2024/2621)

BISON PROJECT GROUP PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 16 AUGUST 2024

Application for approval of the Bison Project Group Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement to be known as the Bison Project Group Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bison Project Group Pty Ltd (Employer). The Agreement is a single enterprise agreement.

NERR issue

There was an issue raised by the Commission with the Employer regarding a discrepancy between the Agreement title set out in the Notice of Employee Representational Rights (NERR) provided to relevant employees, and the title of the Agreement filed with the Commission (as approved by relevant employees).[1] Having regard to the submissions of the Employer, I find that this issue constitutes a minor procedural and/or technical error. I am satisfied that the Agreement was genuinely agreed to by relevant employees notwithstanding this error.[2] I am also satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error.

Undertakings

The Employer has provided written undertakings dated 8 August 2024. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Building and Construction General On-site Award 2020 and the Road Transport and Distribution Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Model consultation clause

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Conclusion

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 16 August 2028.

DEPUTY PRESIDENT

Annexure A

[1] Note the requirements of ss. 173 and 174 of the Fair Work Act 2009.

[2] See s.188(2) of the Fair Work Act 2009 and Huntsman Chemical Co Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Bison Project Group Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement. The application was made by Bison Project Group Pty Ltd, a company seeking to formalise the terms and conditions of employment for its workers. The nature of the dispute involved the standardisation of employment conditions, wages, and other workplace provisions.

The legal issues before the Commission were primarily centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the criteria for being a lawful and appropriate enterprise agreement, including whether it provided for terms and conditions that were no less favourable than the applicable awards or registered agreements. Additionally, the Commission had to assess if the agreement had been fairly negotiated and whether it met the procedural requirements for approval.

The Commission examined the agreement clause by clause, considering its compliance with the statutory provisions. It was noted that the agreement covered a wide range of employment conditions, including hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement was generally consistent with the relevant awards and had been negotiated in good faith. The procedural aspects of the agreement were also found to be in order, with evidence presented that demonstrated appropriate consultation with the workforce. Consequently, the Commission approved the agreement, recognising its alignment with the legislative framework and its potential to provide improved terms and conditions for the employees involved.

The final orders of the Commission were to approve the Bison Project Group Pty Ltd Enterprise Agreement 2024, subject to certain conditions which ensured ongoing compliance with the Fair Work Act. This decision will now form the basis of the employment terms for the workers at Bison Project Group Pty Ltd, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established