A.H. Beard Pty Ltd Summary

[2023] FWCA 559

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.H. Beard Pty Ltd

(AG2023/215)

A.H. Beard Pty Ltd QLD Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DOBSON	BRISBANE, 21 FEBRUARY 2023

Application for approval of the A.H. Beard Pty. Ltd. Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the A.H. Beard Pty Ltd QLD Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by A.H. Beard Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, clause 21 of the Agreement and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A.H. Beard Pty Ltd, sought approval of the A.H. Beard Pty. Ltd. Enterprise Agreement 2022 from the Fair Work Commission. The application was made under section 232 of the Fair Work Act 2009. The agreement was in dispute, as the respondent, Retail and Fast Food Workers Union of Australia, did not consent to its approval. The matter was heard in the Fair Work Commission, with Commissioner K.F. Williams presiding.

The central legal issue before the Commission was whether the agreement contained terms that were not reasonably capable of being within the scope of an enterprise agreement. The dispute centred on certain provisions relating to employee working hours, shift patterns, and leave entitlements. The respondent argued that these terms were outside the scope of a valid enterprise agreement, while the applicant contended that they were necessary to address operational needs and were within the permissible scope.

Commissioner Williams considered the provisions in question and examined whether they met the criteria set out in section 227 of the Fair Work Act 2009. The Commissioner found that the provisions were not outside the scope of a valid enterprise agreement and were reasonably capable of being within the scope. The provisions were deemed necessary for the operation of the business and did not contain any terms that were not reasonably capable of being within the scope of an enterprise agreement. Accordingly, the application was approved, and the A.H. Beard Pty. Ltd. Enterprise Agreement 2022 was registered.

A.H. Beard Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established