A.H. Beard Pty Ltd T/A A.H. Beard

[2022] FWCA 293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

A.H. Beard Pty Ltd T/A A.H. Beard

(AG2021/9324)

A.H. BEARD PTY LTD ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER P RYAN	SYDNEY, 2 FEBRUARY 2022

Application for approval of the A.H. Beard Pty Ltd Enterprise Agreement 2021

A.H. Beard Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the A.H. Beard Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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

Section 183

The Construction Forestry been Maritime Mining and Energy Union (CFMMEU) 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), I note that the Agreement covers the CFMMEU.

Approval

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2022. The nominal expiry date of the Agreement is 1 November 2024.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, A.H. Beard Pty Ltd, trading as A.H. Beard, applied for approval of an enterprise agreement made with its employees. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal. The agreement was contested by a union representing some of the employees, who argued that the proposed terms were unfair.

The court had to determine whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it contained the minimum terms and conditions as mandated by the Act. The court also had to consider whether the agreement was procedurally fair, including whether the parties had genuinely attempted to negotiate and whether the employees had adequate opportunities to understand and discuss the terms.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the required minimum terms and conditions. The process of negotiation was deemed procedurally fair, with the employees having sufficient opportunity to understand and discuss the terms. The court concluded that the agreement was fair and approved it accordingly. The final orders of the court were that the enterprise agreement be approved as a certified agreement under the Act, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established