BWX Australia Pty Limited

[2022] FWCA 3681

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BWX Australia Pty Limited

(AG2022/4233)

BWX Australia Limited Enterprise Agreement - Victoria 2022

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 21 OCTOBER 2022

Application for approval of the BWX Australia Limited Enterprise Agreement - Victoria 2022

BWX Australia Pty Limited has applied for approval of a single enterprise agreement known as the BWX Australia Limited Enterprise Agreement - Victoria 2022 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 28 October 2022. The nominal expiry date of the Agreement is 30 June 2023.

The Agreement covers the "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU).

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, BWX Australia Pty Limited, sought approval of the BWX Australia Limited Enterprise Agreement - Victoria 2022, under section 186 of the Fair Work Act 2009. The application was opposed by the Australian Manufacturing Workers Union and the Transport Workers Union, who argued that the proposed agreement did not meet the requirements of the Act. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees covered by it.

The primary legal issue before the Commission was whether the agreement contained all the terms and conditions of employment of the employees covered by it, and whether it was fair and reasonable in all its terms and conditions. The Commission considered whether the agreement provided for adequate protections for employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission also considered whether the agreement was consistent with the principles of the National Employment Standards and the general protections provided by the Fair Work Act.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms and conditions, and that it provided for adequate protections for employees. The Commission noted that the agreement contained provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, and that it was consistent with the principles of the National Employment Standards. The Commission also found that the agreement was in the interests of the employees covered by it, as it provided for a number of improvements to their conditions of employment.

The Commission approved the BWX Australia Limited Enterprise Agreement - Victoria 2022, subject to certain modifications. The final orders of the Commission included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms, as well as provisions for the protection of employees' rights and interests. The Commission also made orders for the registration of the agreement under section 187 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established