DECISION

Fair Work Act 2009
s.185—Enterprise agreement

A.H. Beard Pty Ltd
(AG2015/1037)

A.H. BEARD PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	BRISBANE, 15 MAY 2015

Application for approval of the A.H. Beard Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the A.H. Beard Pty Ltd 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 A.H. Beard Pty Ltd. 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 Construction, Forestry, Mining and Energy Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 22 May 2015. The nominal expiry date of the Agreement is 1 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant A.H. Beard Pty Ltd sought approval of an enterprise agreement it had negotiated with the Retail and Fast Food Workers Union (the union). The agreement aimed to govern the employment conditions of retail and fast food workers employed by the respondent across various locations in Australia. The union, which represented the workers, had also filed a submission in relation to the application. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement provided for the minimum entitlements of employees, included appropriate dispute resolution mechanisms, and was made in good faith and without coercion. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or that failed to meet the statutory objectives of the Act.

The Commission found that the agreement generally met the statutory requirements. The enterprise agreement provided for minimum entitlements that aligned with the provisions of the National Employment Standards. It also incorporated appropriate dispute resolution mechanisms, including a clause that allowed for the agreement to be referred to the Fair Work Commission for resolution of any disputes. The Commission was satisfied that the agreement was made in good faith and without coercion, based on the evidence presented by both parties. While the agreement contained some provisions that were contrary to public policy, such as provisions that limited the rights of employees to take certain types of leave, the Commission was satisfied that these provisions were necessary to achieve a fair and reasonable outcome for both parties.

The Commission approved the enterprise agreement, subject to certain modifications to address the provisions that were contrary to public policy. The modifications required the respondent to provide additional paid leave to employees, and to remove certain restrictions on the use of flexible working arrangements. The Commission also made orders to ensure that the agreement was properly communicated to all affected employees and that any disputes arising under the agreement were resolved in accordance with the agreed dispute resolution procedures.

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