DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BPW Transpec Pty Ltd
(AG2020/1327)

BPW TRANSPEC PTY LTD ENTERPRISE AGREEMENT 2020-2022

Vehicle industry
COMMISSIONER YILMAZ	MELBOURNE, 27 MAY 2020

Application for approval of the BPW Transpec Pty Ltd Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the BPW Transpec Pty Ltd Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BPW Transpec Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and in accordance with s.54, will operate from 3 June 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BPW Transpec Pty Ltd applied for approval of their Enterprise Agreement 2020-2022. The dispute centred around the terms of the proposed agreement and whether they met the legal criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was procedurally and substantively compliant with the legislation.

The primary legal issues involved assessing the procedural fairness of the bargaining process, as well as the substantive fairness of the terms contained within the agreement. This included verifying that the agreement was genuinely negotiated, that the parties had genuinely attempted to reach an agreement, and that the terms themselves were fair and reasonable. The Commission also needed to consider whether the agreement provided appropriate safeguards for employees, particularly in relation to working conditions and remuneration.

The Fair Work Commission found that the bargaining process had been conducted fairly, with both parties genuinely attempting to reach an agreement. The Commission also determined that the terms of the agreement were fair and reasonable, providing appropriate protections for employees. In particular, the Commission noted the inclusion of provisions for reasonable working hours, adequate pay rates, and appropriate leave entitlements. As a result, the Commission approved the Enterprise Agreement 2020-2022, noting that it met the necessary legal standards for approval.

BPW Transpec Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established