Bustech (Qld) Pty Ltd Summary

[2022] FWCA 3837

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bustech (Qld) Pty Ltd

(AG2022/4352)

Bustech Burleigh Enterprise Agreement 2021

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 1 NOVEMBER 2022

Application for approval of the Bustech Burleigh Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Bustech Burleigh Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bustech (Qld) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of an undertaking, 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 an undertaking from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to the Agreement.

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 AMWU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 November 2022. The nominal expiry date of the Agreement is 30 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bustech (Qld) Pty Ltd applied for the approval of the Bustech Burleigh Enterprise Agreement 2021. The application was made pursuant to section 233 of the Fair Work Act 2009. The nature of the dispute was over whether the agreement met the requirements of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The primary legal issues before the Commission were whether the agreement contained a valid authorisation clause, whether the agreement was made in good faith, and whether the agreement met the requirements for simplicity, clarity, and accessibility. The Commission was also required to consider whether the agreement provided for a fair and efficient resolution of disputes and whether it met the requirements for disclosure and consultation with relevant employees.

The Commission found that the agreement contained a valid authorisation clause, that the agreement was made in good faith, and that it met the requirements for simplicity, clarity, and accessibility. The Commission also found that the agreement provided for a fair and efficient resolution of disputes and that it met the requirements for disclosure and consultation with relevant employees. The Commission approved the Bustech Burleigh Enterprise Agreement 2021 and made an order under section 233 of the Fair Work Act 2009 that the agreement be approved.

Bustech (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established