DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Walkers Engineering Ltd
(AG2018/7226)

BUNDABERG WALKERS ENGINEERING LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 5 FEBRUARY 2019

Application for approval of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaberg Walkers Engineering Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 February 2019. The nominal expiry date of the Agreement is 30 November 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bundaberg Walkers Engineering Ltd, the applicant sought approval for the Enterprise Agreement 2019 from the Fair Work Commission. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement was fair and if it adhered to the legislative provisions concerning employee rights, terms and conditions, and dispute resolution mechanisms.

The primary legal issues involved assessing whether the agreement satisfied the "better off overall test" and whether it complied with the minimum entitlements set out in the Act. The applicant argued that the agreement provided fair and reasonable terms for the employees, while the respondents contended that certain provisions were unfair and did not meet the required standards. The Commission had to balance the parties' submissions and evaluate if the agreement was genuinely intended to facilitate a better outcome for the employees overall.

The Fair Work Commission found that the agreement met the requirements for approval under the Act. The Commission determined that the agreement was fair and reasonable, and it provided for better outcomes for the employees in terms of pay, leave, and other conditions. The Commission was satisfied that the agreement complied with the minimum standards and that it facilitated the efficient operation of the enterprise. Consequently, the application for approval of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2019 was approved.

The Fair Work Commission approved the Enterprise Agreement 2019, setting out the terms and conditions of employment for the employees of Bundaberg Walkers Engineering Ltd. The approval is effective from the date of the decision and remains in force until the earlier of the parties agreeing to terminate it or the Commission making a subsequent order. The agreement will now govern the employment relationship between the parties until its expiry or termination.

Bundaberg Walkers Engineering Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established