DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boodjara Pty Ltd
(AG2021/5296)

BOODJARA ENERGY ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 11 JUNE 2021

Application for approval of the Boodjara Energy Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Boodjara Energy Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boodjara Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 June 2021. The nominal expiry date of the Agreement is 10 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boodjara Pty Ltd recently had an application heard by the Fair Work Commission concerning the approval of the Boodjara Energy Enterprise Agreement 2021. The dispute arose as a result of disagreements between the company and the relevant union over certain provisions of the proposed agreement. The commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the commission had to address included whether the agreement complied with the requirements set out in the Fair Work Act, and whether the process through which the agreement was negotiated and formed was fair and reasonable. The company argued that the agreement was reached through proper consultation and negotiation processes, and that it met all legal requirements. Conversely, the union raised concerns over specific clauses, asserting that they were unfair and did not adequately protect employees’ rights.

After thorough deliberation, the commission found that the agreement largely complied with the provisions of the Fair Work Act. The commission acknowledged the company's efforts in engaging with the union during the negotiation process. However, it identified certain clauses that were deemed unfair and not in line with the legislative standards. The commission subsequently made orders to amend those specific clauses to ensure fairness and compliance. The final decision involved approving the agreement with the modifications, ensuring that it met all necessary legal requirements and protected the rights of both the employees and the employer.

Boodjara 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