BPL Adelaide Pty Limited Summary

[2024] FWCA 1569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BPL Adelaide Pty Limited

(AG2024/1297)

BPL ADELAIDE PTY LIMITED (PRODUCTION AND DISTRIBUTION EMPLOYEES) ENTERPRISE AGREEMENT 2024 – 2028

Poultry processing
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MAY 2024

Application for approval of the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2024 – 2028

BPL Adelaide Pty Limited has made an application for approval of an enterprise agreement known as the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2024 – 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was provided to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The United Workers’ Union (UWU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the UWU.

The Agreement was approved on 7 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves BPL Adelaide Pty Limited and its employees represented by the relevant union. The dispute centred on the approval of the proposed enterprise agreement for the period 2024-2028. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement contained the mandatory terms prescribed by the Act, whether it was made in good faith, and whether it provided for the genuine resolution of the parties' workplace issues.

The Commission considered the submissions from both parties, reviewing the proposed agreement's provisions against the legislative requirements. It examined the mandatory terms to ensure they were included, assessed the evidence presented to determine if the agreement was made in good faith, and evaluated whether the agreement genuinely resolved the workplace issues. After thorough analysis, the Commission found that the agreement contained all mandatory terms, was made in good faith, and effectively resolved the workplace issues, thereby meeting the criteria for approval.

Consequently, the Fair Work Commission approved the BPL Adelaide Pty Limited (Production and Distribution Employees) Enterprise Agreement 2024-2028. This decision recognised the agreement as compliant with the legislative requirements, providing a framework for the employment relationship between BPL Adelaide Pty Limited and its employees for the specified period. The approval was effective from the date of the decision, and both parties were bound by the terms of the agreement as outlined.

BPL Adelaide Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established