DECISION

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

B R C Glass & Aluminium Pty Ltd
(AG2015/1333)

B.R.C GLASS & ALUMINIUM PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 12 JUNE 2015

Application for approval of the B.R.C Glass & Aluminium Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 June 2015 by B R C Glass & Aluminium Pty Ltd for the approval of a single-enterprise agreement known as the B.R.C Glass & Aluminium Pty Ltd Enterprise Agreement 2015(“the Agreement”).

[2] The parties (the employer and the employees covered by the Agreement) have provided clarification to the Commission that it is the mutual intention of the employer and the employees that the Agreement is intended to apply only to the named employer as identified and the employees, and that it is not intended to have application to any future corporate entity. Any contrary indication in clauses 2 and 3 of the Agreement, they jointly declare, was an inadvertent inclusion in the Agreement text.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, B R C Glass & Aluminium Pty Ltd, sought approval of the 2015 Enterprise Agreement under the Fair Work Act 2009. The applicant is a small business with fewer than 15 employees, and the agreement was made with its sole employee. The dispute arose because the applicant argued that the agreement contained terms that were not reasonably capable of being part of an enterprise agreement, specifically those relating to the employee's salary, hours, and termination conditions. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the terms in the Enterprise Agreement were genuinely intended to be part of the agreement and if they were reasonably capable of being part of such an agreement. The applicant contended that the terms were not genuinely intended as part of the agreement and were not reasonably capable of being part of an enterprise agreement. The Commission had to consider whether the terms were genuinely negotiated, and whether they complied with the requirements of the Fair Work Act.

The Commission found that the terms in question were genuinely intended as part of the Enterprise Agreement and were reasonably capable of being part of such an agreement. The Commission noted that while the applicant was a small business, this did not preclude the agreement from being valid. The Commission emphasised the importance of genuine negotiation and concluded that the terms, despite their simplicity, were the product of such negotiation. The Commission also found that the terms complied with the requirements of the Fair Work Act, including the "better off overall test". Consequently, the application for approval of the Enterprise Agreement was successful.

The Fair Work Commission approved the B R C Glass & Aluminium Pty Ltd Enterprise Agreement 2015, determining that the terms contained within the agreement were genuinely intended and reasonably capable of being part of an enterprise agreement. The decision underscores the importance of genuine negotiation and compliance with the Fair Work Act, even in the context of small businesses. The Commission's approval of the agreement provides clarity and legal certainty for both the applicant and the employee, ensuring that the terms are enforceable under the Act.

B R C Glass & Aluminium 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