DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BITZER Australia Pty Limited T/A BITZER Australia Pty Limited
(AG2016/5589)

BITZER AUSTRALIA ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the BITZER Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BITZER Australia 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 T/A 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 16 November 2016 and, in accordance with s.54, will operate from 23 November 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

BITZER Australia Pty Limited, trading as BITZER Australia Pty Limited, sought approval of the BITZER Australia Enterprise Agreement 2016. The matter was heard in the Fair Work Commission. The company and its employees had reached an agreement, which now needed to be assessed and approved to ensure it met the criteria set out in the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements of the Act. Specifically, it was necessary to determine if the agreement had been made in accordance with the proper processes, including adequate consultation and negotiation, and whether the terms of the agreement were fair and reasonable.

The Commission found that the agreement had been made through proper processes, with evidence of adequate consultation and negotiation between the parties. The Commission was satisfied that the agreement met the procedural requirements. Additionally, the terms of the agreement were considered fair and reasonable, taking into account the interests of both employees and the employer, as well as broader economic factors. Therefore, the Commission approved the BITZER Australia Enterprise Agreement 2016.

The Fair Work Commission approved the BITZER Australia Enterprise Agreement 2016, finding that it met the necessary procedural and substantive requirements under the Fair Work Act 2009. The Commission's decision ensured that the agreement was fair and reasonable, balancing the interests of both employees and the employer.

BITZER Australia Pty Limited T/A 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