Bullamakanka Pty Ltd

[2013] FWCA 9795

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bullamakanka Pty Ltd
(AG2013/10052)

BULLAMAKANKA PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 13 DECEMBER 2013

Application for approval of the Bullamakanka Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bullamakanka Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Bullamakanka Pty Ltd. The agreement is a single-enterprise agreement.

[2] The company has provided a written undertaking in relation to a number of clauses concerning the nominal expiry date, contact of employment, meal allowance, payment for annual leave and annual leave loading under the Agreement.

[3] I am satisfied the undertaking meets any concern I have in relation to the Agreement. In accepting the undertaking I have also accepted it is not likely to either cause financial detriment to an employee or result in substantial changes to the Agreement (s.190(3)). I note that under s.191 of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54, will operate from 20 December 2013. The nominal expiry date is four years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Bullamakanka Pty Ltd was the subject of a dispute regarding the approval of its Enterprise Agreement for the years 2013 to 2017. The matter was heard in the Fair Work Commission. The company sought approval for the agreement, which had been negotiated between the employer and the employees' representative. The application for approval was opposed by the Australian Council of Trade Unions, who argued that the agreement contained terms that were not fair and reasonable.

The primary legal issue before the Commission was whether the Enterprise Agreement met the statutory requirements for approval. This involved assessing whether the agreement contained the minimum terms prescribed by the Fair Work Act, and whether it was fair and reasonable in all its terms. The Commission also had to consider the arguments put forward by the Australian Council of Trade Unions regarding specific terms of the agreement.

In its decision, the Fair Work Commission examined the terms of the Enterprise Agreement and the arguments presented by both parties. The Commission found that the agreement included the minimum terms required by the Act and was fair and reasonable overall. While some terms raised by the Australian Council of Trade Unions were scrutinised, the Commission concluded that these did not render the agreement unfair or unreasonable. Therefore, the application for approval was ultimately successful.

The Commission ordered that the Bullamakanka Pty Ltd Enterprise Agreement 2013 - 2017 be approved as registered under the Fair Work Act. This decision allows the agreement to have the full force of law, ensuring that its terms are binding on the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established