DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BITZER Australia Pty Limited
(AG2016/1763)

BUFFALO TRIDENT ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 AUGUST 2016

Application for approval of the Buffalo Trident Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Buffalo Trident Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BITZER Australia Pty Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 19 August 2016 and, in accordance with s.54, will operate from 26 August 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BITZER Australia Pty Limited, sought approval of the Buffalo Trident Enterprise Agreement 2016 from the Fair Work Commission. The agreement was intended to govern the employment terms and conditions for the employees of the applicant company. The application came before the Commission as a direct submission under the Fair Work Act 2009, with the parties presenting their respective arguments regarding the agreement's validity and fairness.

The legal issues central to the case involved whether the agreement had been made in accordance with the requirements set out in the Fair Work Act and whether it met the criteria for being a "better off overall" agreement. Specifically, the applicant needed to demonstrate that the agreement had been fairly negotiated, contained no unfair content, and provided employees with a fair balance of benefits and obligations.

The Commission examined the evidence provided, including the negotiation process and the content of the agreement. The applicant argued that the agreement had been negotiated in good faith and that it provided a fair balance of benefits for the employees. The Commission considered the fairness of the agreement by assessing whether it provided employees with terms and conditions that were at least as good as, or better than, the applicable award or existing agreements. The Commission found that the agreement had been negotiated fairly and that it contained no unfair provisions. It was also determined that the agreement provided employees with a fair balance of benefits and obligations, thereby meeting the "better off overall" test.

The Fair Work Commission approved the Buffalo Trident Enterprise Agreement 2016, finding that it complied with the requirements of the Fair Work Act. The decision confirmed that the agreement was fair and had been negotiated in good faith, and that it provided employees with terms and conditions at least as good as, or better than, those provided by the applicable award or existing agreements.

BITZER Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established