DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bitzer Australia Pty Limited T/A Bitzer
(AG2019/2136)

BITZER AUSTRALIA NATIONAL AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 29 AUGUST 2019

Application for approval of the Bitzer Australia National Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bitzer Australia National Agreement 2019 (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 T/A Bitzer. 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2019. The nominal expiry date of the Agreement is 28 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bitzer Australia Pty Limited, trading as Bitzer, applied to the Fair Work Commission for approval of the Bitzer Australia National Agreement 2019. The application arose out of a bargaining process that resulted in a proposed agreement between Bitzer and the Australian Manufacturing Workers' Union. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the necessary standards for approval under the Fair Work legislation.

The central legal issues before the court were whether the agreement appropriately covered all necessary aspects of employment, including wages and conditions, and whether it had been fairly and properly negotiated. Additionally, the court had to determine whether the agreement provided for a proper process for resolving future disputes between the parties and whether it met the requirements for being a single, indivisible document. The court also examined whether the agreement provided adequate protections and benefits for employees, and whether it complied with any applicable awards or registered agreements.

The Fair Work Commission found that the proposed agreement was comprehensive and adequately covered the terms and conditions of employment. The court concluded that the agreement had been fairly and properly negotiated, as evidenced by the bargaining process that involved both parties. The Commission also determined that the agreement contained provisions for resolving future disputes and met the requirements for being a single, indivisible document. Furthermore, the agreement provided adequate protections and benefits for employees and complied with any applicable awards or registered agreements. Consequently, the court approved the Bitzer Australia National Agreement 2019.

The final orders included the approval of the agreement, which would now serve as a binding enterprise agreement between Bitzer and the Australian Manufacturing Workers' Union. The agreement was to be registered with the Fair Work Commission and would come into effect from the date of registration. The court's decision confirmed the validity and enforceability of the agreement, ensuring that it would govern the employment conditions of the union members within the specified scope.

Bitzer Australia Pty Limited T/A Bitzer

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established