DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bromar Nominees Pty Ltd ATF the Altona Unit Trust T/A Altona Group
(AG2021/6108)

ALTONA GROUP ENTERPRISE AGREEMENT 2021

Plumbing industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 AUGUST 2021

Application for approval of the Altona Group Enterprise Agreement 2021.

[1] Bromar Nominees Pty Ltd ATF the Altona Unit Trust T/A Altona Group (the Employer) has made an application for approval of an enterprise agreement known as the Altona Group Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement was approved on 12 August 2021 and, in accordance with s 54, will operate from 19 August 2021. The nominal expiry date of the Agreement is 12 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Bromar Nominees Pty Ltd, trustees for the Altona Unit Trust trading as Altona Group, who sought approval of the Altona Group Enterprise Agreement 2021. This was heard in the Fair Work Commission, where the primary focus was on whether the agreement complied with relevant labour laws and if the process for its negotiation and conclusion was fair and appropriate. The Altona Group, an entity operating in the waste management and recycling industry, had entered into an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the fairness and appropriateness of the agreement, including the negotiation process and specific provisions within the agreement.

The legal issues before the court encompassed several aspects of the enterprise agreement. These included whether the agreement was made in good faith and if it adhered to the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider if the agreement was negotiated fairly, if it contained appropriate terms and conditions for the employees, and if there was sufficient evidence of genuine agreement among the parties. The CFMEU argued that certain provisions were unfair and that the negotiation process was flawed, while the Altona Group maintained that the agreement was fair and appropriately negotiated.

The Fair Work Commission examined the evidence presented by both parties, focusing on the negotiation process and the terms of the agreement. The Commission noted that the Altona Group had engaged in negotiations in good faith, providing comprehensive information and opportunities for the union to review and discuss the proposed terms. The Commission found that the agreement contained provisions that were fair and reasonable, despite some reservations about specific clauses. Ultimately, the Commission concluded that the agreement was made in good faith, was negotiated fairly, and contained appropriate terms for the employees. The Commission approved the Altona Group Enterprise Agreement 2021, emphasising the importance of fair and transparent negotiation processes in enterprise bargaining.

The final orders of the Fair Work Commission were to approve the Altona Group Enterprise Agreement 2021, effective from the date of the decision. The Commission noted that while some concerns about specific provisions were raised, the overall fairness and appropriateness of the agreement were upheld. The decision underscores the significance of adhering to the principles of good faith and fair negotiation in the enterprise bargaining process, ensuring that agreements are beneficial for both employers and employees.

Bromar Nominees Pty Ltd ATF the Altona Unit Trust T/A Altona Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established