Buderim Group Limited

[2016] FWCA 1740

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buderim Group Limited

(AG2016/2511)

BUDERIM GROUP LIMITED ENTERPRISE AGREEMENT 2016

Food, beverages and tobacco manufacturing industry

COMMISSIONER ROE

MELBOURNE, 21 MARCH 2016

Application for approval of the Buderim Group Limited Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

Buderim Group Limited Enterprise Agreement 2016 (the Agreement). The application was

made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Buderim

Group Limited. 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 National Union of Workers 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 21 March 2016 and, in accordance with s.54, will

operate from 28 March 2016. The nominal expiry date of the Agreement is 31 December

2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission has approved an enterprise agreement proposed by Buderim Group Limited, known as the Buderim Group Limited Enterprise Agreement 2016. The agreement was made under the Fair Work Act 2009. The application for approval was lodged by Buderim Group Limited, which is involved in food, beverages, and tobacco manufacturing. The National Union of Workers, acting as a bargaining representative for the agreement, has also expressed its intention for the agreement to cover its members.

The legal issues before the Fair Work Commission involved determining whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections 186, 187, and 188. The commission had to assess whether the agreement fairly represented the interests of the employees, whether the necessary procedures were followed, and whether the agreement was made in good faith. Additionally, the commission had to ensure that the agreement was properly notified to the relevant bargaining representatives and that it met the criteria for approval under the Act.

Commissioner Roe found that the agreement satisfied all the necessary requirements for approval under the Act. Although the agreement did not cover all of the employees of the employer, the Commissioner was satisfied that the group of employees was fairly chosen, considering the factors outlined in section 186(3) and (3A) of the Act. Furthermore, the agreement was found to cover the organisation as required under section 201(2) of the Act. As a result, the agreement was approved and will operate from 28 March 2016 until its nominal expiry date of 31 December 2018.

The Fair Work Commission approved the Buderim Group Limited Enterprise Agreement 2016, which will commence on 28 March 2016 and expire on 31 December 2018. The agreement has been found to meet all the requirements of the Fair Work Act 2009, including sections 186, 187, and 188. The Commissioner was satisfied that the agreement fairly represented the interests of the employees and that the necessary procedures were followed in its creation. The agreement will cover the relevant organisation as required under section 201(2) of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established