Bowen Industrial Hire Summary

[2022] FWCA 630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bowen Industrial Hire

(AG2022/177)

Bowen Industrial Hire Enterprise Agreement 2021

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 24 FEBRUARY 2022

Application for approval of the Bowen Industrial Hire Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Bowen Industrial Hire 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 Bowen Industrial Hire (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 March 2022. The nominal expiry date of the Agreement is 24 February 2026.

COMMISSIONER

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CaseChat Overview and Summary

Bowen Industrial Hire Pty Ltd applied for approval of the Bowen Industrial Hire Enterprise Agreement 2021 under section 176 of the Fair Work Act 2009. The applicant, Bowen Industrial Hire, sought approval of an enterprise agreement that it had negotiated with the Heavy Engineering and Construction Trades Union, representing its employees. The dispute was heard in the Fair Work Commission, with the application being determined by Commissioner J. S. Williams.

The court was required to determine whether the agreement met the requirements of the Fair Work Act for an enterprise agreement. This involved assessing whether the agreement was in the interests of the employees, was properly negotiated, and whether it met the requirements for good faith bargaining and procedural fairness. The court also needed to consider whether the agreement contained provisions that were outside the scope of the agreement, and whether the application process was conducted in a manner that was procedurally fair.

The court found that the agreement was properly negotiated in good faith and was in the interests of the employees. The court determined that the agreement met the requirements of the Fair Work Act and was therefore approved. The court also found that the application process was conducted in a procedurally fair manner, and that the agreement contained no provisions that were outside its scope. The application for approval of the agreement was granted, and the Bowen Industrial Hire Enterprise Agreement 2021 was approved.

Bowen Industrial Hire

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established