DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BWX Australia Pty Ltd T/A BWX Limited
(AG2019/599)

BWX AUSTRALIA PTY LTD ENTERPRISE AGREEMENT - VICTORIA

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 APRIL 2019

Application for approval of the BWX Australia Pty Ltd Enterprise Agreement - Victoria.

[1] An application has been made for approval of an enterprise agreement known as the BWX Australia Pty Ltd Enterprise Agreement - Victoria (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BWX Australia Pty Ltd T/A BWX Limited. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BWX Australia Pty Ltd, trading as BWX Limited, sought approval for its enterprise agreement. The applicant and the union representing its employees, the Australian Manufacturing Workers' Union, were parties to the dispute. The union challenged the agreement, claiming it did not meet the requirements for approval under the Fair Work Act 2009. The central legal issues revolved around whether the agreement complied with the procedural and substantive requirements of the Act.

The union argued that the agreement had not been properly negotiated as it did not follow the prescribed processes and did not adequately address certain workplace issues. The union also contended that certain provisions of the agreement contravened the Act by including terms that were not genuinely negotiated. The applicant, on the other hand, asserted that the agreement was the result of genuine negotiations and met all necessary requirements for approval. The Fair Work Commission examined the evidence and submissions from both parties, focusing on the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and met the necessary procedural and substantive requirements for approval.

The Commission noted that while some issues were raised by the union, the applicant had provided satisfactory evidence of genuine negotiation and the agreement contained terms that were not contrary to the Act. The Fair Work Commission approved the BWX Australia Pty Ltd Enterprise Agreement, confirming that it was properly negotiated and met the requirements for approval under the Fair Work Act. The union's application to disallow the agreement was dismissed.

BWX Australia Pty Ltd T/A BWX Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established