Bob White Australia Pty Ltd T/A Bob White Electrix Summary

[2023] FWCA 2296

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bob White Australia Pty Ltd T/A Bob White Electrix

(AG2023/2397)

BOB WHITE ELECTRIX ENTERPRISE AGREEMENT 2023

Technical services
COMMISSIONER CIRKOVIC	MELBOURNE, 25 JULY 2023

Application for approval of the Bob White Electrix Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Bob White Electrix Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bob White Australia Pty Ltd T/A Bob White Electrix (the Employer). The Agreement is a single enterprise agreement.

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

Correspondence was sent to the Employer by my Chambers on 24 July 2023 raising a number of concerns including that the Agreement mentions apprentices at clauses 13.4 and 13.1(e), however no rates of pay are provided for trainees. The Employer responded on 24 July 2023 advising that they have no intention of engaging apprentices or trainees and will not do so while the terms of the 2023 agreement apply, and that it doesn’t presently have any employees that are classified as either apprentices or trainees. I am consequently satisfied that per s.193A(6A) of the Apprenticeships are not a type of employment that is reasonably foreseeable for the purposes of s.193A(6) of the Act and the better off overall test.

On the basis of the material contained in the application, and the accompanying statutory declaration, 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 was approved on 25 July 2023 and, in accordance with s 54, will operate from 1 August 2023. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Bob White Australia Pty Ltd, trading as Bob White Electrix, which sought approval of the Bob White Electrix Enterprise Agreement 2023. The company applied for the approval, citing the need to establish a new enterprise agreement as part of its business operations. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the terms and conditions outlined in the proposed agreement.

The central legal issues the Commission addressed were whether the agreement met the statutory requirements for approval, including whether it provided for the employees' terms and conditions of employment fairly, and whether it adhered to the procedural prerequisites stipulated by the Fair Work Act. The Commission also examined if the agreement contained mandatory provisions and whether any provisions were contrary to public policy.

In its reasoning, the Commission noted that the proposed agreement contained various terms and conditions, including provisions on wages, working hours, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement satisfied the statutory criteria for approval as it provided for the employees' terms and conditions fairly, included mandatory provisions, and did not contravene any public policy. Furthermore, the procedural aspects of the application, including the provision of necessary documentation and compliance with the Fair Work Act's requirements, were also deemed satisfactory. Consequently, the Commission approved the Bob White Electrix Enterprise Agreement 2023.

The Fair Work Commission approved the Bob White Electrix Enterprise Agreement 2023, confirming its compliance with the statutory requirements and its fairness for the employees involved. The decision underscores the importance of ensuring that enterprise agreements adhere to the legislative framework and provide adequately for the workforce's terms and conditions of employment.

Bob White Australia Pty Ltd T/A Bob White Electrix

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established