DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bonner Group Pty Ltd T/A Tactile Innovations
(AG2019/172)

BONNER GROUP PTY LTD. ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 8 AUGUST 2019

Application for approval of the Bonner Group Pty Ltd. Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bonner Group Pty Ltd. Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bonner Group Pty Ltd T/A Tactile Innovations (Employer). The Agreement is a single enterprise agreement.

[2] I raised preliminary concerns with the Employer regarding compliance with ss.180(2), 180(3) and 181(2) of the Act. These concerned when relevant employees were given a copy of the Agreement, notified of the time and place at which the vote would occur, advised of voting method that would be used, and requested to vote to approve the Agreement. Having regard to the written submissions provided by the Employer, together with the oral submissions advanced at a telephone Mention conducted on 23 July 2019, including submissions from the individual employee bargaining representative, I am satisfied, that these matters constitute minor procedural or technical errors for the purposes of s.188(2)(a) of the Act. Further, I am satisfied that the two employees covered by the Agreement were not likely to have been disadvantaged by these errors. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act. 1

[3] The Employer 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.

[4] Subject to the undertakings, 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.

[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 August 2019. The nominal expiry date of the Agreement is 8 August 2023.

DEPUTY PRESIDENT

Annexure A

1 Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bonner Group Pty Ltd, trading as Tactile Innovations, applied for the approval of its Enterprise Agreement 2019 before the Fair Work Commission. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement contained all necessary provisions and was fairly negotiated, while opponents raised concerns about specific terms that they believed did not comply with the legislative standards.

The key legal issues before the Commission involved whether the agreement was genuinely negotiated and if it contained all the mandated minimum terms and conditions. The Commission had to examine the process of negotiation, the fairness of the terms, and whether the agreement provided for a safety net of minimum entitlements. Additionally, the Commission considered if the agreement met the statutory criteria for approval, including the procedural fairness and the compliance of the agreement with the Fair Work Act.

After thorough consideration, the Commission concluded that the Enterprise Agreement 2019 was genuinely negotiated and contained all the required minimum terms and conditions. The Commission found that the applicant had adequately demonstrated the fairness of the negotiation process and the provisions of the agreement. As a result, the Commission approved the Enterprise Agreement 2019. The decision was based on the applicant's successful demonstration that the agreement was negotiated in good faith and met all legislative requirements for approval.

Bonner Group Pty Ltd T/A Tactile Innovations

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established