BUMA Australia Pty Ltd

[2022] FWCA 3111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BUMA Australia Pty Ltd

(AG2022/3535)

BUMA Australia Commodore Project Enterprise Agreement 2022

Mining industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 8 SEPTEMBER 2022

Application for approval of the BUMA Australia Commodore Project Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BUMA Australia Commodore Project Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BUMA Australia Pty Ltd (the 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union – Mining and Energy Division (CFMMEU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 15 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BUMA Australia Pty Ltd recently sought approval for the BUMA Australia Commodore Project Enterprise Agreement 2022 in the Fair Work Commission. The application was brought forth by the company, which aimed to formalise a new agreement governing the employment conditions of its employees. The Fair Work Commission was tasked with assessing whether the proposed agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009 and fairness to all parties involved. The central issue before the Commission was whether the agreement provided fair and reasonable terms for the employees, including provisions for wages, working conditions, and dispute resolution mechanisms. The Commission needed to determine if the agreement complied with the statutory requirements and if it fairly reflected the needs and interests of both the employer and the employees.

The Commission examined the terms and conditions outlined in the proposed agreement, focusing on whether they were consistent with the Fair Work Act and whether they provided a fair balance of rights and obligations between the parties. The analysis included scrutiny of the wage provisions, the dispute resolution mechanisms, and any other relevant terms that could impact the employees' conditions. The Commission considered submissions from both BUMA Australia and the employees' representatives to ensure that the agreement was not only legally compliant but also equitable. The Commission's decision hinged on whether the agreement achieved a fair balance, considering the broader economic context and the specific circumstances of the enterprise.

Ultimately, the Fair Work Commission approved the BUMA Australia Commodore Project Enterprise Agreement 2022, finding that it met the necessary criteria for fairness and compliance. The Commission noted that the agreement provided reasonable terms for the employees, and it was consistent with the requirements of the Fair Work Act. The approval was contingent upon the agreement being implemented in good faith, and the Commission emphasised the importance of ongoing dialogue between the parties to address any future issues that might arise. This decision reflects the Commission's role in ensuring that enterprise agreements serve the interests of both employers and employees while adhering to legislative standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established