DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bushmans Group Pty Limited
(AG2015/5435)

BUSHMANS GROUP PTY LIMITED VICTORIA FACTORY WORKERS ENTERPRISE BARGAINING AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 18 SEPTEMBER 2015

Application for approval of the Bushmans Group Pty Limited Victoria Factory Workers Enterprise Bargaining Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Bushmans Group Pty Limited Victoria Factory Workers Enterprise Bargaining Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bushmans Group Pty Limited. The Agreement is a single enterprise agreement.

[2] The Applicant 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. 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers, 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.

[6] The Agreement was approved on 18 September 2015 and, in accordance with s.54, will operate from 25 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Bushmans Group Pty Limited applied for the approval of the Bushmans Group Pty Limited Victoria Factory Workers Enterprise Bargaining Agreement 2015-2018. The applicants sought to have the agreement registered with the Fair Work Commission, which would give it legal enforceability. The dispute arose from the negotiation process and the terms of the agreement itself, with concerns raised by various parties about its fairness and compliance with legislative requirements.

The central legal issues before the Commission were whether the agreement was genuinely negotiated between the parties and whether it complied with the relevant legislative provisions. The Commission had to determine if the negotiation process met the standards of good faith and if the terms of the agreement were fair and reasonable. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act 2009 and whether it met the criteria for registration under the Act.

The Commission examined the negotiation process and found that it was conducted in good faith, with both parties making genuine efforts to reach an agreement. The Commission also assessed the terms of the agreement and determined that they were fair and reasonable, taking into account the economic and non-economic factors relevant to the bargaining process. The Commission found that the agreement met the criteria for registration under the Fair Work Act 2009 and approved the agreement. The Commission concluded that the agreement was a genuine and fair representation of the bargaining process and that it complied with the requirements of the Act.

Bushmans Group Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established