J. Blackwood & Son Pty Limited T/A Bakers Construction + Industrial

[2013] FWCA 9913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

J. Blackwood & Son Pty Limited T/A Bakers Construction + Industrial
(AG2013/10242)

BAKERS CONSTRUCTION + INDUSTRIAL BLACKTOWN ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 DECEMBER 2013

Application for approval of the Bakers Construction + Industrial Blacktown Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bakers Construction + Industrial Blacktown Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by J. Blackwood & Son Pty Limited T/A Bakers Construction + Industrial (the Applicant). The agreement is a single-enterprise agreement.

[2] I was initially concerned with some aspects of the proposed Agreement and wrote to the company outlining those issues on 6 December 2013. On 13 December 2013 I received a signed undertaking in response to the queries from Lisa Hughes - HR Manager-Central Region of the Applicant. This undertaking now forms part of the Agreement and is kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the agreement subsequently produced or used by the parties.

[3] The undertaking which now forms part of the Agreement is attached.

[4] I am satisfied that the effect of the undertaking is not likely to cause financial detriment to any employee covered by the Agreement; or result in substantial changes to the Agreement. Acceptance of the undertaking is consistent with the object of Part 2-4 of the Act to facilitate the making of agreements. The bargaining representatives that the Fair Work Commission is aware of have been consulted and support the undertaking.

[5] 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. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2013. The nominal expiry date of the Agreement is 24 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, J. Blackwood & Son Pty Limited trading as Bakers Construction + Industrial, applied to the Fair Work Commission for approval of the Bakers Construction + Industrial Blacktown Enterprise Agreement 2013. The application was opposed by the Construction, Forestry, Mining and Energy Union (CFMEU), which raised concerns about the adequacy of the agreement in terms of employee conditions and protections. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes and overseeing the enforcement of workplace laws.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it provided adequate protections and conditions for the employees. Key points of contention included the adequacy of the minimum wage rates, the definition of employee entitlements, and the processes for resolving disputes within the agreement. The Commission had to determine if the agreement complied with the "better off overall test," ensuring that employees were not worse off financially or in terms of conditions compared to the relevant industrial award.

The Commission found that the proposed agreement did meet the statutory requirements and passed the "better off overall test." It was noted that the agreement provided for fair and reasonable terms and conditions, including appropriate wage rates and employee entitlements. The Commission was satisfied that the agreement included adequate dispute resolution mechanisms and did not disadvantage employees compared to the applicable award. Consequently, the application for approval of the Bakers Construction + Industrial Blacktown Enterprise Agreement 2013 was approved.

No further orders were made beyond the approval of the enterprise agreement. The decision confirmed that the agreement was fit for purpose and provided a suitable framework for the employment relationship between Bakers Construction + Industrial and its employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established