Bitzer Australia Pty Ltd Summary

[2013] FWCA 1157

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bitzer Australia Pty Ltd
(AG2012/14479)

BITZER AUSTRALIA ENTERPRISE AGREEMENT 2013 - 2015

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 19 FEBRUARY 2013

Application for approval of the BITZER Australia Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the BITZER Australia Enterprise Agreement 2013 - 2015 (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.

Undertakings

[2] Upon inquiry from the Commission with respect to clause 1 - Title, as the clause did not state the name of the Agreement, the employer provided an undertaking stating that the name of the Agreement shall be known as the BITZER Australia Enterprise Agreement 2013 -2015.

[3] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[4] The Agreement covers the manufacturing and production employees of the employer at the site located at St Mary’s in New South Wales. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[5] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[6] The Australian Workers’ Union, 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 this organisations.

[7] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 26 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bitzer Australia Pty Ltd applied to the Fair Work Commission for approval of the Bitzer Australia Enterprise Agreement 2013 - 2015. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union. The primary dispute centred on the fairness and compliance of the proposed agreement with the Fair Work Act 2009.

The legal issues before the court encompassed whether the agreement contained all mandated terms and conditions, if it adhered to procedural fairness, and if the process for its formation was in accordance with the Act. The court was required to scrutinise the negotiation process, the content of the agreement, and its compliance with statutory requirements.

The Fair Work Commission examined the evidence and submissions presented by both parties. The Commission found that the agreement met all necessary statutory requirements and was fairly negotiated. The Commission was satisfied with the procedural fairness of the process and determined that the agreement was consistent with the provisions of the Act. Consequently, the court approved the application and registered the agreement.

The final orders of the Commission included the registration of the Bitzer Australia Enterprise Agreement 2013 - 2015 and a declaration that it was a lawful and valid agreement under the Fair Work Act 2009. The agreement was to take effect from the date of the decision and would remain in force until the end of the specified period or until superseded by a new agreement.

Bitzer Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established