Buma Australia Pty Ltd T/A Downer Summary

[2022] FWCA 668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Buma Australia Pty Ltd T/A Downer

(AG2022/342)

BUMA Australia Queensland District Enterprise Agreement 2022

Mining industry
COMMISSIONER SPENCER	BRISBANE, 25 FEBRUARY 2022

Application for approval of the BUMA Australia Queensland District Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the BUMA Australia Queensland District 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 T/A Downer (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Construction, Forestry, Maritime, Mining and Energy Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2022. The nominal expiry date of the Agreement is 25 February 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Buma Australia Pty Ltd, trading as Downer, applied to the Fair Work Commission for approval of the BUMA Australia Queensland District Enterprise Agreement 2022. The application arose under the Fair Work Act 2009, with the dispute centred on whether the proposed agreement met the requirements for direct registration. The respondents to the application were several trade unions representing employees within the Queensland district.

The primary legal issue for the Commission to decide was whether the agreement contained all the necessary terms and provisions as stipulated by the Fair Work Act. This included verifying the agreement's compliance with minimum entitlements, such as minimum wages, penalty rates, and leave provisions. Furthermore, the Commission had to assess if the agreement had been genuinely negotiated between the parties and if it met the criteria for direct registration without a vote.

The Commission found that the agreement complied with all legislative requirements and was genuinely negotiated. The agreement included all mandatory terms and met the criteria for direct registration. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, addressing the needs of both the employer and the employees. As such, the application for approval was successful. The Commission approved the BUMA Australia Queensland District Enterprise Agreement 2022 for direct registration.

Buma Australia Pty Ltd T/A Downer

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established