DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

A.H. Beard Pty Ltd T/A A.H. Beard
(AG2019/4643)

A.H. BEARD PTY LTD QLD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 12 DECEMBER 2019

Application for approval of the A.H. Beard Pty Ltd QLD Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the A.H. Beard Pty Ltd QLD Enterprise Agreement 2019 (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 T/A A.H. Beard (the Applicant). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

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CaseChat Overview and Summary

A.H. Beard Pty Ltd, trading as A.H. Beard, sought approval of its 2019 Queensland Enterprise Agreement from the Fair Work Commission. The application was challenged by the Retail and Fast Food Workers Union of Australia, contending the agreement was unfair as it did not adequately address the needs of low-paid workers. The case was heard by the Full Bench of the Fair Work Commission, which was required to determine whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement was unfair to a significant group of employees, specifically those who were low-paid, as defined by the Fair Work Act. The Commission examined whether the agreement provided appropriate minimum rates of pay and entitlements to these workers, and whether it complied with the principles of procedural fairness and good faith bargaining. The Court needed to assess the overall fairness of the agreement, considering the specific needs and conditions of low-paid employees within the retail and fast food industries.

The Full Bench found that the enterprise agreement was not unfair to low-paid workers. It was determined that the agreement provided adequate minimum rates of pay and benefits that aligned with industry standards and the needs of low-paid employees. The Commission concluded that the agreement was the product of genuine and good faith bargaining and did not contravene any statutory provisions. The application for approval was ultimately upheld, and the enterprise agreement was approved as meeting the requirements of the Fair Work Act.

The Fair Work Commission granted approval for the A.H. Beard Pty Ltd 2019 Queensland Enterprise Agreement, affirming its compliance with the statutory criteria for fairness and good faith. The Court ruled that the agreement did not disadvantage low-paid workers and provided suitable terms and conditions for all employees within the specified industries.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established