DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Walkers Engineering Ltd
(AG2016/238)

BUNDABERG WALKERS ENGINEERING LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 4 MARCH 2016

Application for approval of the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Walkers Engineering Ltd Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 4 March 2016 and, in accordance with s.54, will operate from 11 March 2016. The nominal expiry date of the Agreement is 31 December 2018

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of Bundaberg Walkers Engineering Ltd came before the Fair Work Commission for consideration of the Enterprise Agreement 2016. The applicant, Bundaberg Walkers Engineering Ltd, sought approval of the agreement, which was intended to regulate the employment conditions of its workers. The nature of the dispute involved various terms and conditions outlined in the proposed agreement, and the extent to which these terms complied with the relevant industrial legislation.

The central legal issues the Commission was required to address were whether the Enterprise Agreement complied with the provisions of the Fair Work Act 2009 and whether it met the "better off overall test" as required by the legislation. This involved assessing the agreement's terms against statutory minimum standards and evaluating whether the agreement provided employees with a benefit that was at least equal to the benefits they would have received under the applicable award or registered agreement.

The Fair Work Commission found that the Enterprise Agreement generally complied with the statutory requirements. The Commission noted that the agreement included provisions for minimum wages, leave entitlements, and other conditions that were not less favourable than the applicable award. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, as employees would receive additional benefits under the terms of the agreement that exceeded those provided by the award. Consequently, the Commission approved the Enterprise Agreement 2016, deeming it to be compliant and beneficial for the employees.

The Fair Work Commission's decision was based on a thorough analysis of the agreement's provisions and their alignment with the Fair Work Act 2009. The Commission's approval of the agreement meant that it would now be in effect, governing the employment conditions of Bundaberg Walkers Engineering Ltd's workers. This decision ensures that the workers will benefit from the terms outlined in the agreement, which are considered to be fair and reasonable under the prevailing industrial laws.

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