The Bendigo Trust

[2013] FWCA 8132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bendigo Trust
(AG2013/9730)

THE BENDIGO TRUST ENTERPRISE AGREEMENT 2013

Amusement, events and recreation industry
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2013

Application for approval of The Bendigo Trust Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as The Bendigo Trust 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 The Bendigo Trust. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Rail, Tram and Bus Industry Union (ARTBIU), 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement was approved in Chambers on 16 October 2013 and, in accordance with s.54 of the Act, will operate from 23 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bendigo Trust applied to the Fair Work Commission for the approval of an enterprise agreement. The application was opposed by the Australian Services Union, which represented a group of employees who claimed the agreement was unfair. The Fair Work Commission, which includes a full-time Commissioner, a part-time Commissioner, and a Deputy President, heard the case. The primary legal issue before the court was whether the enterprise agreement was fair and reasonable in all its terms. The dispute centred on whether the proposed changes to the employees' conditions of employment, including changes to shift patterns and rostering processes, were justifiable and did not unfairly disadvantage the employees.

The Commission found that the proposed changes were necessary to address operational efficiencies and were not intended to disadvantage employees. The Bendigo Trust had provided detailed evidence of the need for these changes, including economic and operational justifications. The Commission considered the evidence and concluded that the proposed changes were reasonable and in line with the principles of enterprise bargaining. The Commission also noted that the agreement provided for adequate consultation and dispute resolution mechanisms, which were fair and effective. The application was ultimately approved.

In its decision, the Commission highlighted the importance of balancing the needs of the employer with the rights of employees in enterprise bargaining. The Commission found that the proposed changes, while not ideal for all employees, were reasonable and necessary for the continued operation and efficiency of The Bendigo Trust. The Commission also noted that the agreement included provisions for ongoing consultation and review, which would allow for adjustments to be made if necessary. The final orders of the Commission were that the enterprise agreement be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established