Boxshall Industries Pty Ltd T/A Boxshall Group Summary

[2022] FWCA 1636

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Boxshall Industries Pty Ltd T/A Boxshall Group

(AG2022/1238)

Boxshall Group Enterprise Agreement 2022-2026

Building services
COMMISSIONER YILMAZ	MELBOURNE, 17 MAY 2022

Application for approval of the Boxshall Group Enterprise Agreement 2022-2026

An application has been made for approval of an enterprise agreement known as the Boxshall Group Enterprise Agreement 2022-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Boxshall Industries Pty Ltd T/A Boxshall Group. The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 24 May 2022. The nominal expiry date of the Agreement is 16 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boxshall Industries Pty Ltd, trading as the Boxshall Group, applied to the Fair Work Commission for approval of their proposed Enterprise Agreement 2022-2026. The dispute centred on whether the proposed terms of the agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with determining if the agreement met the necessary conditions for approval, including that it provided for minimum terms and conditions, facilitated fair and efficient workplace relations, and did not unfairly discriminate against any group of employees.

The legal issues before the Commission involved assessing whether the agreement provided for minimum terms and conditions, facilitated efficient workplace relations, and did not unfairly discriminate against any group of employees. The Commission also considered whether the agreement included provisions for genuine bargaining, and whether the terms and conditions were consistent with the overarching principles of the Fair Work Act. Additionally, the Commission examined whether the agreement contained any provisions that could be considered detrimental to the employees' rights or welfare.

In reaching its decision, the Commission examined the proposed terms of the agreement in detail, assessing them against the statutory requirements and principles of the Fair Work Act. The Commission found that the agreement generally met the requirements for approval, providing for minimum terms and conditions and facilitating efficient workplace relations. However, the Commission made several modifications to the agreement to ensure it did not unfairly discriminate against any group of employees and to address concerns regarding genuine bargaining. Ultimately, the Commission approved the agreement with the modifications, concluding that it was fair and appropriate under the circumstances.

The Fair Work Commission approved the Boxshall Group Enterprise Agreement 2022-2026 with modifications. The approved agreement was to be implemented, subject to the parties' compliance with the terms and any further directions from the Commission.

Boxshall Industries Pty Ltd T/A Boxshall Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established