DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bolwell Corporation Pty Ltd
(AG2015/4453)

BOLWELL CORPORATION PTY LTD EMPLOYEE COLLECTIVEAGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	ADELAIDE, 7 SEPTEMBER 2015

Application for approval of the Bolwell Corporation Pty Ltd Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bolwell Corporation Pty Ltd Employee Collective 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 Bolwell Corporation 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 7 September 2015 and, in accordance with s.54, will operate from 14 September 2015. The nominal expiry date of the Agreement is 14 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Bolwell Corporation Pty Ltd, an automotive manufacturing company, and its employees. The corporation sought approval of the Employee Collective Agreement 2015. The dispute centred on whether the agreement complied with the Fair Work Act 2009 and whether it met the requirements for a lawful and effective enterprise agreement. The parties contested specific provisions relating to the classification of roles, pay rates, and conditions of employment, among other terms.

The legal issues required the Commission to examine the validity and enforceability of the agreement. This involved ensuring that the agreement was genuinely negotiated and did not include any unlawful terms or content. The Commission also had to verify that the agreement provided for minimum entitlements as per the Fair Work Act and that it was free from any terms that could be deemed to undermine or erode the rights of employees. Additionally, the Commission had to consider whether the agreement adequately reflected the interests of both the employer and the employees.

In its reasoning, the Commission found that the Bolwell Corporation Pty Ltd Employee Collective Agreement 2015 was generally in line with the legislative requirements of the Fair Work Act. The Commission noted that the agreement had been negotiated in good faith and included provisions that met the minimum standards prescribed by the Act. It also determined that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of the enterprise. Consequently, the Commission approved the agreement, subject to certain minor amendments to ensure full compliance with the Act.

The final orders of the Commission included the approval of the Bolwell Corporation Pty Ltd Employee Collective Agreement 2015, with specific modifications to address minor deficiencies identified during the review. These modifications involved adjustments to certain clauses to ensure they aligned with the requirements of the Fair Work Act. The Commission directed both parties to implement the amended agreement and to ensure that all employees were informed of the changes. The decision underscored the importance of fair and lawful enterprise agreements in maintaining balanced industrial relations within the enterprise.

Bolwell Corporation 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