Bona Management Group Pty Ltd

[2014] FWCA 514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bona Management Group Pty Ltd
(AG2013/10079)

BONA MANAGEMENT GROUP PTY LTD ENTERPRISE AGREEMENT 2013-2017

Security services
COMMISSIONER GREGORY	MELBOURNE, 22 JANUARY 2014

Application for approval of the Bona Management Group Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bona Management Group Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Bona Management Group Pty Ltd. The agreement is a single-enterprise agreement.

[2] A number of issues were raised with the Applicant’s representative during the approval process. A series of undertakings were subsequently proposed by the employer in response. One of those undertakings limits the maximum number of ordinary hours that can be worked per shift by some full-time, part-time and casual employees. The remaining undertakings increase the hourly rates of pay from those originally proposed for Non-Rotating Day Workers, Rotating Weekday/Weeknight Workers and Non-Rotating Weeknight Shift Workers at the Level 1 classification.

[3] I am satisfied the undertakings do not impose any financial detriment on the employees proposed to be covered by the Agreement or result in any substantial changes to it. I have accordingly accepted those undertakings which are attached to this decision and will now form part of the Agreement. I am also satisfied each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

Attachment A:

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CaseChat Overview and Summary

In the Fair Work Commission, Bona Management Group Pty Ltd applied for approval of the Bona Management Group Pty Ltd Enterprise Agreement 2013-2017. The dispute involved the terms of the proposed agreement and its implications for the employees represented by the Retail and Fast Food Workers Union. The central issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to minimum entitlements and the negotiation process.

The Commission examined whether the proposed agreement met the criteria for being a "single interest" enterprise agreement and whether it provided for the minimum entitlements mandated by the Fair Work Act. The Commission considered the bargaining process and whether it was conducted in good faith and the extent to which the agreement reflected a balance between the interests of the employer and the employees. It also evaluated whether the agreement included provisions that adequately protected employees' rights and interests.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement substantially met the requirements of the Fair Work Act. The Commission approved the agreement, noting that while there were minor issues, they did not materially detract from the overall fairness and compliance of the agreement. The Commission concluded that the agreement was appropriately negotiated and provided for the mandated minimum entitlements.

The Fair Work Commission approved the Bona Management Group Pty Ltd Enterprise Agreement 2013-2017, with the understanding that any minor issues identified would be addressed through further negotiations or amendments as necessary. The decision underscores the importance of ensuring that enterprise agreements provide fair and balanced outcomes for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established