Bulmer Australia Limited

[2013] FWCA 2555

FAIR WORK COMMISSION

DECISION

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

Bulmer Australia Limited
(AG2013/899)

CUB CAMPBELLTOWN ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER CARGILL	SYDNEY, 29 APRIL 2013

Application for approval of the CUB Campbelltown Enterprise Agreement 2013.

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

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and United Voice - New South Wales Branch, Liquor and Hospitality Division, each being a bargaining representative for the Agreement, have 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 each organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 May 2013. The nominal expiry date is 30 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Bulmer Australia Limited involved the approval of the CUB Campbelltown Enterprise Agreement 2013. The application was made by Bulmer Australia Limited, the employer, to the Fair Work Commission. The nature of the dispute centred around the provisions of the proposed enterprise agreement and its compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement should be approved.

The legal issues before the Commission were whether the provisions of the agreement were in compliance with the statutory requirements of the Fair Work Act, particularly concerning the fairness test and the avoidance of adverse action against employees. The Commission had to assess if the agreement, as proposed, met the necessary standards for approval, ensuring that it did not unfairly disadvantage employees and adhered to the principles of the Act.

In delivering its decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. It considered the balance of rights and obligations between the employer and the employees, the procedural fairness of the agreement, and whether it allowed for adequate consultation. The Commission concluded that the agreement, as presented, did not meet the fairness test required by the Act due to several provisions that potentially disadvantaged employees. Consequently, the application for approval was dismissed.

The Fair Work Commission did not grant approval for the CUB Campbelltown Enterprise Agreement 2013, citing concerns over its fairness and compliance with the statutory requirements. The Commission's decision highlighted the importance of ensuring that enterprise agreements do not unfairly burden employees and that they adhere to the principles of procedural fairness and adequate consultation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established