DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BPW Transpec Pty Ltd
(AG2017/1584)

BPW TRANSPEC PTY LTD ENTERPRISE AGREEMENT 2017-2019

Vehicle industry
COMMISSIONER ROE	MELBOURNE, 17 MAY 2017

Application for approval of the BPW Transpec Pty Ltd Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the BPW Transpec Pty Ltd Enterprise Agreement 2017-2019 (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 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 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 was approved on 17 May 2017 and, in accordance with s.54, will operate from 24 May 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by BPW Transpec Pty Ltd for the approval of the BPW Transpec Pty Ltd Enterprise Agreement 2017-2019. The application was brought in response to negotiations between BPW Transpec Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which resulted in the proposed agreement. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to resolve included whether the agreement complied with the good faith bargaining requirements, whether it included provisions that were contrary to public policy, and if the agreement was in the best interests of the employees. Furthermore, the Commission had to consider if the agreement adequately provided for the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

In delivering its decision, the Commission examined the evidence presented by both parties and assessed the terms of the agreement against the statutory requirements. The Commission found that the agreement demonstrated good faith bargaining and was in the best interests of the employees. It concluded that the agreement was fair and reasonable, as it provided for the necessary terms and conditions of employment and did not include any provisions that were contrary to public policy. Consequently, the Commission approved the BPW Transpec Pty Ltd Enterprise Agreement 2017-2019, allowing it to be registered and enforceable.

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