DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boon Edam Australia Pty Ltd
(AG2019/4568)

BOON EDAM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 29 JANUARY 2020

Application for approval of the Boon Edam Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Boon Edam Australia 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 Boon Edam Australia Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer did not provide relevant employees a copy of the Building and Construction General On-site Award 2010 (Award), incorporated by reference in the Agreement, or ensure that they had access to a copy of it pursuant to s.180(2) of the Act. On the basis of the written submissions made by the Employer and having regard to the fact that the Award presently covers and applies to the relevant employees, I am satisfied that:

(a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

(b) employees covered by the Agreement were not likely to have been disadvantaged by the error. 1 I am therefore satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[3] 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 and 188 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 is approved and, in accordance with s.54 of the Act, will operate from 5 February 2020. The nominal expiry date of the Agreement is 29 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Boon Edam Australia Pty Ltd, applied for approval of an enterprise agreement, the Boon Edam Australia Pty Ltd Enterprise Agreement 2019. The applicant sought to finalise the terms of employment for its employees as per the agreement. The application was opposed by the Australian Manufacturing Workers’ Union, which represented some of the employees.

The primary legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act 2009. This included assessing if the agreement had been made in good faith, if it provided for a modern award or safety net award, and if it contained appropriate mechanisms for resolving disputes. Another issue was whether the agreement allowed for meaningful consultation with the employees and if it covered all necessary terms and conditions of employment.

The Commission examined the evidence provided by both parties and considered the nature of the bargaining process. It determined that the agreement had been made in good faith, and it contained appropriate mechanisms for resolving disputes. The Commission found that the agreement provided for the relevant modern award and included provisions for meaningful consultation with the employees. Additionally, the agreement addressed all necessary terms and conditions of employment as required by the Act. Consequently, the Commission approved the Boon Edam Australia Pty Ltd Enterprise Agreement 2019.

The Commission's final order was that the Boon Edam Australia Pty Ltd Enterprise Agreement 2019 be approved, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would govern the employment relationship between the applicant and its employees. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement.

BOON EDAM AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established