Bushmans Group Pty Limited T/A Bushman Tanks

[2014] FWCA 6337

The attached document replaces the document previously issued with the above code on 12 September 2014.

The Agreement referred to in paragraph [1] has been corrected.

Associate to Senior Deputy President Drake.

Dated 18 September 2014

[2014] FWCA 6337

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bushmans Group Pty Limited T/A Bushman Tanks
(AG2014/8792)

BUSHMANS GROUP PTY LIMITED QUEENSLAND FACTORY WORKERS ENTERPRISE BARGAINING AGREEMENT 2014-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 SEPTEMBER 2014

Application for approval of the Bushmans Group Pty Limited Queensland Factory Workers Enterprise Bargaining Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Bushmans Group Pty Limited Queensland Factory Workers Enterprise Bargaining Agreement 2014-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Maintenance and Technology Services Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 19 September 2014. The nominal expiry date of the Agreement is 19 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Bushmans Group Pty Limited T/A Bushman Tanks involved an application to the Fair Work Commission for the approval of the Bushmans Group Pty Limited Queensland Factory Workers Enterprise Bargaining Agreement 2014-2017. The application was made by the employer, Bushmans Group, and sought the Commission’s endorsement of the proposed agreement. The application was opposed by the Australian Manufacturing Workers Union and the Queensland Teachers Union, who raised concerns regarding the agreement’s compliance with relevant provisions of the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed enterprise bargaining agreement was in accordance with the Fair Work Act, particularly focusing on whether the agreement met the requirements for being a “simple” agreement, the process followed in its negotiation, and the implications of certain provisions on employees' rights. The Commission had to determine whether the agreement was genuinely negotiated, contained only the permitted terms, and whether it was fair and reasonable in all its aspects.

The Commission assessed the evidence and submissions from both parties and determined that the proposed agreement was genuinely negotiated and contained only the permitted terms. The Commission found that the agreement was a simple agreement as it did not contain any terms that required the endorsement of the Commission. Furthermore, the Commission was satisfied that the negotiation process was fair and that the agreement was reasonable in all its aspects. Consequently, the Commission approved the application and endorsed the agreement, finding that it met all the necessary criteria under the Fair Work Act.

The Commission’s final order was that the Bushmans Group Pty Limited Queensland Factory Workers Enterprise Bargaining Agreement 2014-2017 be approved as a registered agreement under the Fair Work Act. The agreement was registered on the date of the decision and would govern the employment conditions of the relevant employees until the end of the agreement period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established