The Bullion Group

[2014] FWCA 8053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Bullion Group
(AG2014/7735)

TBG THE BULLION GROUP ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 NOVEMBER 2014

Application for approval of the TBG The Bullion Group Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the TBG The Bullion Group Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by The Bullion Group. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 21 November 2014. The nominal expiry date of the Agreement is 21 November 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Bullion Group Pty Ltd applied to the Fair Work Commission for approval of the TBG The Bullion Group Enterprise Agreement 2014. The application was made by the Bullion Group, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union, a trade union. The Fair Work Commission, presided over by Commissioner T.J. Hamilton, was tasked with determining whether the agreement was a single, indivisible instrument and if it met the requirements of section 228 of the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the enterprise agreement in question was a single, indivisible instrument and if it adhered to the procedural fairness principles outlined in section 228 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was consistent with the requirements of section 230 and whether the union had been given a reasonable opportunity to comment on the proposed changes.

The Commission examined the contents of the enterprise agreement and concluded that it was not a single, indivisible instrument, as it contained various sections that were not interrelated or interdependent. The Commission also found that the union had not been given a reasonable opportunity to comment on the proposed changes, as the employer had not provided sufficient information about the changes. As a result, the application for approval of the enterprise agreement was dismissed.

The Commission's final order was that the application for approval of the TBG The Bullion Group Enterprise Agreement 2014 be dismissed. The decision was made on the basis that the enterprise agreement was not a single, indivisible instrument, and the union had not been given a reasonable opportunity to comment on the proposed changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established