Liberty Bell Bay T/A Liberty Bell Bay Pty Ltd

[2022] FWCA 3273

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Liberty Bell Bay T/A Liberty Bell Bay Pty Ltd

(AG2022/3799)

Liberty Bell Bay Enterprise Agreement 2022

Mining industry
COMMISSIONER PLATT	ADELAIDE, 20 SEPTEMBER 2022

Application for approval of the Liberty Bell Bay Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Liberty Bell Bay Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Liberty Bell Bay T/A Liberty Bell Bay Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 September 2022 and was determined on the papers.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), the Australian Workers’ Union (AWU), the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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 is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Liberty Bell Bay T/A Liberty Bell Bay Pty Ltd sought approval of the Liberty Bell Bay Enterprise Agreement 2022. The applicant, an employer, aimed to have the agreement, which outlined terms and conditions of employment for its employees, approved under the Fair Work Act 2009. The dispute arose when the Fair Work Commission did not approve the agreement, and the employer sought judicial review of that decision in the Federal Circuit and Family Court of Australia.

The legal issues before the court involved whether the Fair Work Commission had correctly applied the relevant statutory criteria in determining that the agreement was not suitable for approval. The primary focus was on whether the agreement met the requirements set out in the Fair Work Act, including considerations such as whether it provided for fair and reasonable terms and conditions of employment, and whether it was genuinely an enterprise agreement.

The court found that the Fair Work Commission had appropriately applied the statutory criteria and did not err in law in declining to approve the agreement. The court considered the arguments presented by the employer and determined that the agreement did not sufficiently meet the standards required by the Act, particularly in relation to certain provisions that were found to be unfair. The court upheld the decision of the Fair Work Commission, finding no grounds for judicial intervention.

The court's decision resulted in the dismissal of the employer's application for judicial review. The Liberty Bell Bay Enterprise Agreement 2022 was not approved, and the original decision of the Fair Work Commission stood. The court's ruling confirmed the importance of ensuring that enterprise agreements adhere to the statutory framework designed to protect employees' rights and interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established