APB Britco Pty Ltd T/A APB Britco

[2013] FWCA 2407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

APB Britco Pty Ltd T/A APB Britco
(AG2013/725)

APB BRITCO PTY LTD SINGLE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 23 APRIL 2013

Application for approval of the APB Britco Pty Ltd Single Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the APB Britco Pty Ltd Single Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, APB Britco Pty Ltd, trading as APB Britco, applied for approval of a Single Enterprise Agreement (2013). The dispute centred around the fairness and appropriateness of the proposed agreement, which had been negotiated between the employer and its employees. The matter was heard and determined by Deputy President S.J. Bennett, R.J. Johnson, and C.C. Evans.

The primary legal issues before the court were whether the agreement met the criteria for being a single enterprise agreement and whether it was fair and appropriate. This required an assessment of whether the agreement was negotiated in good faith, contained the necessary minimum terms and conditions, and was not contrary to any other industrial instruments. The court also had to determine if the agreement was consistent with the objectives of the Fair Work Act 2009.

The court examined the process of negotiation, the content of the agreement, and the feedback from the employees. It found that the agreement was indeed a single enterprise agreement as it applied to all employees within the enterprise. The court concluded that the agreement was fair and appropriate, as it was negotiated in good faith, contained the necessary minimum terms and conditions, and was not inconsistent with other industrial instruments. Furthermore, the agreement was found to be consistent with the objectives of the Fair Work Act 2009.

The court approved the APB Britco Pty Ltd Single Enterprise Agreement 2013. This decision was made on the basis that the agreement met all the necessary criteria and was fair and appropriate for the employees of APB Britco Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established