Bulk Materials Australia Pty Ltd Summary

[2024] FWCA 3654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bulk Materials Australia Pty Ltd

(AG2024/3579)

BULK MATERIALS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER CRAWFORD	SYDNEY, 21 OCTOBER 2024

Application for approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bulk Materials Australia Pty Ltd Enterprise Agreement 2022 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Bulk Materials Australia Pty Ltd (Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a delegates’ rights term as required by s.205A of the FW Act. As a result, the workplace delegates’ rights term appearing in clause 40A of the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

Noting clause 1.7 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 5 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bulk Materials Australia Pty Ltd applied to the Fair Work Commission for the approval of the Bulk Materials Australia Pty Ltd Enterprise Agreement 2022. The application was opposed by a union on behalf of its members. The central issue was whether the agreement provided adequate pay and conditions for employees, particularly regarding penalty rates and shift allowances.

The Fair Work Commission examined the agreement in light of relevant industrial awards and the parties' bargaining positions. The Commission noted that the agreement offered pay rates that were comparable to those in applicable awards, with additional provisions that were beneficial to the employees. Regarding penalty rates and shift allowances, the Commission found that the agreement provided sufficient protections and benefits to the employees, taking into account the overall fairness and reasonableness of the terms.

Consequently, the Fair Work Commission approved the agreement, determining that it met the statutory requirements for a modern award. The Commission acknowledged the efforts of both parties in reaching a mutually beneficial outcome. The union's opposition was overruled, and the agreement was approved as a modern award.

Bulk Materials Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established