DECISION

Fair Work Act 2009
s.185—Enterprise agreement

John Beever (Aust.) Pty Limited T/A John Beever Australia
(AG2017/3990)

JOHN BEEVER (AUST) PTY LTD WORKSHOP AND SITE MAINTENANCE ENTERPRISE AGREEMENT JULY 2017 TO JUNE 2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 SEPTEMBER 2017

Application for approval of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020.

[1] An application has been made for approval of an enterprise agreement known as the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by John Beever (Aust.) Pty Limited T/A John Beever Australia. The agreement is a single enterprise agreement.

[2] The Applicant 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 18 September 2017 and, in accordance with s.54, will operate from 25 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, John Beever (Aust.) Pty Limited, trading as John Beever Australia, applied for the approval of a new enterprise agreement, the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020. The dispute arose from negotiations between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The primary contention was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The court needed to determine whether the agreement was a "better off overall test" (BOOT) agreement, meaning that the employees were at least as well off under the new agreement as they would be under their previous terms of employment. Additionally, the court examined if the agreement complied with procedural fairness, including proper consultation and whether employees had an adequate opportunity to understand and respond to the proposed terms.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the proposed agreement met the necessary legal criteria. The court determined that the agreement was likely to result in employees being at least as well off overall and that the procedural requirements had been adequately met. The Commission approved the enterprise agreement, considering it to be in compliance with the relevant legislative provisions.

The final orders of the Commission were that the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020 be approved and registered. The agreement would now serve as the binding contract between the employer and the employees for the specified period.

John Beever (Aust.) Pty Limited T/A John Beever Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established