Barnwell Cambridge Pty Ltd Summary

[2013] FWCA 128

FAIR WORK COMMISSION

DECISION

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

Barnwell Cambridge Pty Ltd
(AG2012/14364)

BARNWELL CAMBRIDGE PTY LTD SINGLE ENTERPRISE AGREEMENT 2012 - 2016

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 9 JANUARY 2013

Application for approval of the Barnwell Cambridge Pty Ltd Single Enterprise Agreement 2012 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Barnwell Cambridge Pty Ltd Single Enterprise Agreement 2012 - 2016 (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] The Agreement covers those workers of the Applicant covered by the classifications specified in Schedule A of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[3] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 16 January 2013. The nominal expiry date of the Agreement is four years from the date of operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Barnwell Cambridge Pty Ltd, the employer, and the National Tertiary Education Union, the employee representative, regarding the approval of the Single Enterprise Agreement 2012-2016. The matter was heard in the Fair Work Commission, where the union sought approval for the agreement on behalf of its members. The employer contested the application, raising concerns about the fairness and reasonableness of the agreement's terms.

The primary legal issue before the Commission was whether the agreement was fair and reasonable in all its terms. The employer argued that certain provisions of the agreement were not fair and reasonable, particularly those relating to pay rates and conditions. The Commission needed to assess the agreement against the criteria set out in the Fair Work Act 2009, including whether it was free from coercion and discrimination, and whether it promoted workplace flexibility and productivity.

In its decision, the Commission found that the agreement was fair and reasonable in all its terms. The Commission acknowledged the employer's concerns but concluded that the agreement provided for a fair and reasonable balance of outcomes for both parties. The Commission noted that the agreement included provisions for regular wage reviews and the establishment of a joint consultative committee, which it found to be positive steps towards promoting workplace flexibility and productivity. The Commission also found that the agreement did not contain any terms that were contrary to public policy or that had a detrimental effect on the health, safety or welfare of employees.

As a result of the Commission's decision, the Single Enterprise Agreement 2012-2016 was approved and registered with the Fair Work Commission. The agreement now provides the basis for the employment terms and conditions of the union's members who are employed by Barnwell Cambridge Pty Ltd.

Barnwell Cambridge Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established