DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A H Beard Pty Ltd
(AG2020/3365)

A.H. BEARD PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 8 DECEMBER 2020

Application for approval of the A.H. Beard Pty Ltd Enterprise Agreement 2020.

[1] A.H. Beard Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the A.H. Beard Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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 Construction, Forestry, Maritime, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 8 December 2020 and, in accordance with s 54, will operate from 15 December 2020. The nominal expiry date of the Agreement is 1 November 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of A H Beard Pty Ltd, the Fair Work Commission was presented with an application for the approval of the A.H. Beard Pty Ltd Enterprise Agreement 2020. The applicant, A H Beard Pty Ltd, sought the Commission’s approval of the enterprise agreement, which had been negotiated with its employees represented by the Retail and Fast Food Workers Union. The nature of the dispute centred around whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to determine if the agreement contained the necessary provisions and adhered to the legislative framework governing enterprise agreements in Australia.

The primary legal issue the Commission had to resolve was whether the enterprise agreement was a "registered agreement" as defined under the Fair Work Act. This required an assessment of whether the agreement had been negotiated in good faith, included minimum entitlements, and satisfied other statutory requirements. Additionally, the Commission needed to consider whether the agreement provided appropriate mechanisms for the resolution of future disputes. The validity of the agreement hinged on its compliance with these legal standards, particularly in light of the specific provisions and their alignment with the legislative intent.

In delivering its decision, the Commission meticulously examined the contents of the enterprise agreement against the statutory criteria. The Commission found that the agreement had been negotiated in good faith and contained provisions that met the minimum entitlements required by the Act. Furthermore, the agreement included provisions for the resolution of future disputes, thereby satisfying the legislative requirements for approval. The Commission was satisfied that the agreement would not have an adverse effect on the operation of the business and would provide a fair framework for the employees’ terms and conditions of employment. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect as of the specified date.

The final orders of the Commission were that the A.H. Beard Pty Ltd Enterprise Agreement 2020 be approved and registered under the Fair Work Act. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement would govern their industrial relationship moving forward.

A H Beard Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established