Bolwell Corporation Pty Ltd Summary

[2022] FWCA 3349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bolwell Corporation Pty Ltd

(AG2022/3891)

Bolwell Corporation Pty Ltd Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 SEPTEMBER 2022

Application for approval of the Bolwell Corporation Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bolwell Corporation Pty Ltd Enterprise Agreement 2022 (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.

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.

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.

The Agreement was approved on 28 September 2022 and, in accordance with s.54, will operate from 5 October 2022. The nominal expiry date of the Agreement is 5 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bolwell Corporation Pty Ltd, sought approval of the Enterprise Agreement 2022 from the Fair Work Commission. The dispute arose from negotiations between the corporation and its employees, focusing on the terms and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement was appropriate for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the 'better off overall test' as required by section 235 of the Act. This test requires that employees be no worse off financially and, in some cases, better off overall compared to their previous conditions. Additionally, the court had to consider whether the agreement complied with the 'good faith' requirement and other statutory provisions.

The Fair Work Commission found that the agreement met the 'better off overall test' for all employees. The analysis included a detailed assessment of the financial implications of the proposed changes, comparing them to existing conditions. The Commission also determined that the agreement was made in good faith and did not contravene any other provisions of the Act. Based on these findings, the Commission approved the agreement.

In summary, the Fair Work Commission approved the Bolwell Corporation Pty Ltd Enterprise Agreement 2022, confirming its compliance with the statutory requirements under the Fair Work Act 2009. The decision was based on the agreement meeting the 'better off overall test' and adhering to good faith obligations.

Bolwell Corporation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established