DECISION

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

Blunt Global Services Pty Ltd
(AG2016/66)

BLUNT GLOBAL SERVICES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Blunt Global Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Blunt Global Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blunt Global Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2016. The nominal expiry date of the Agreement is 8 February 2020.

COMMISSIONER

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Price code G, AE417758 PR576856

Annexure A

CaseChat Overview and Summary

Blunt Global Services Pty Ltd applied to the Fair Work Commission for approval of the Blunt Global Services Enterprise Agreement 2015. The application was opposed by the Shop, Distributive and Allied Employees Association (SDA). The nature of the dispute was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the process of employee consultation and the terms and conditions provided within the agreement.

The legal issues the court needed to decide included whether Blunt Global Services had followed the necessary procedural requirements for consultation with employees, as well as whether the agreement contained all the mandated terms and conditions. Furthermore, the court had to consider whether the agreement provided fair and reasonable terms for the employees and if it complied with any applicable awards or other industrial instruments.

The Fair Work Commission, in its decision, found that Blunt Global Services had not adequately consulted with its employees before proposing the enterprise agreement. The Commission noted that the process of consultation did not meet the statutory requirements as it failed to provide employees with adequate information and opportunity to discuss the proposed changes. Additionally, the Commission identified several terms within the agreement that did not comply with the mandated minimum terms under the Fair Work Act. Consequently, the application for approval of the Blunt Global Services Enterprise Agreement 2015 was dismissed. The Commission mandated further consultation with employees and a revised agreement that met the statutory requirements and provided fair and reasonable terms.

Blunt Global Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established