DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bowen Coke Pty Ltd
(AG2015/890)

BOWEN COKE PTY LTD ENTERPRISE AGREEMENT 2015

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 JUNE 2015

Application for approval of the Bowen Coke Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Bowen Coke Pty Ltd Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bowen Coke Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Bowen Coke Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement does not contain a consultation term with the content required by s.205(1) and (1A) of the Act. Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 June 2019.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Bowen Coke Pty Ltd v Australian Manufacturing Workers' Union [2015] FWC 6668 involved the applicant, Bowen Coke Pty Ltd, seeking approval of the Enterprise Agreement 2015, which was proposed to replace the existing Enterprise Agreement of 2010. The applicant argued that the proposed agreement addressed modern workplace practices and was necessary to ensure the company's long-term viability and competitiveness. The Australian Manufacturing Workers' Union contested the application, asserting that certain provisions of the proposed agreement would adversely affect employees' terms and conditions.

The Fair Work Commission was tasked with determining whether the proposed Enterprise Agreement complied with the relevant statutory provisions and whether it was fair and reasonable. Key issues included the fairness of the proposed changes to hours of work, shift patterns, and the introduction of performance-based incentives. The Commission also needed to assess whether the agreement appropriately balanced the interests of both the employer and the employees.

In its decision, the Fair Work Commission found that the proposed agreement, while not perfect, was fair and reasonable. The Commission acknowledged the necessity for changes to adapt to the modern business environment and recognised the need for flexibility in the workplace. The Commission addressed the concerns raised by the union, particularly regarding shift patterns and performance incentives, and concluded that the proposed changes were reasonable given the economic context and the need for the company to remain competitive. The Commission also considered the submissions from both parties and the evidence provided, ultimately finding that the proposed agreement met the statutory requirements for approval.

The Fair Work Commission approved the Bowen Coke Pty Ltd Enterprise Agreement 2015, subject to certain modifications to address minor concerns related to employee entitlements and procedural fairness. The decision highlighted the importance of balancing the needs of the business with the rights of employees, and it underscored the role of the Commission in ensuring that enterprise agreements are fair and reasonable.

Bowen Coke Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established