Corporate Ventures (Labour) Pty Ltd T/A Bowsers

[2022] FWCA 231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corporate Ventures (Labour) Pty Ltd T/A Bowsers

(AG2021/9047)

Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2021 - 2025

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2022

Application for approval of the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Ventures (Labour) Pty Ltd T/A Bowsers. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the agreement.

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 is approved and, in accordance with s.54 of the Act, will operate from 3 February 2022. The nominal expiry date of the Agreement is 26 January 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to approve an enterprise agreement between Corporate Ventures (Labour) Pty Ltd, trading as Bowsers, and its employees. The enterprise agreement, which covered the period from 2021 to 2025, was submitted for approval under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement complied with the procedural requirements set out in the Act, whether it contained all the mandatory terms prescribed by the Act, and whether it was in the best interests of the employees.

The Commission found that the procedural requirements for the making of the agreement were met, as the employer had engaged in genuine bargaining with the relevant employee representatives. The agreement was also found to contain all the mandatory terms prescribed by the Act, including those relating to minimum rates of pay, penalty rates, and maximum weekly hours of work. The Commission also considered the overall fairness of the agreement and concluded that it was in the best interests of the employees, taking into account the need to balance the interests of the employer and employees.

The Commission approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Act. The modifications included the addition of a clause to ensure that employees were not required to work more than an average of eight hours per day, and the clarification of certain provisions relating to shift allowances and overtime. The modifications were made with the agreement of the parties, and the Commission was satisfied that the agreement, as modified, met all the requirements of the Act.

The Fair Work Commission approved the enterprise agreement, subject to certain minor modifications. The modifications were made to ensure compliance with the Fair Work Act 2009, and were agreed to by the parties. The Commission was satisfied that the agreement, as modified, was in the best interests of the employees and met all the requirements of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established