DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berajondo Pty Ltd
(AG2015/6193)

BERAJONDO PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2015

Application for approval of the Berajondo Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Berajondo Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berajondo Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2015. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Berajondo Pty Ltd, a company involved in the manufacture and distribution of tobacco products, applied to the Fair Work Commission for approval of an enterprise agreement. The application was contested by the Australian Manufacturing Workers' Union, which argued that the agreement did not meet the requirements of the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory provisions governing enterprise agreements, including whether it contained the necessary "no disadvantage" and "genuine agreement" tests.

The Commission found that the agreement met the requirements of the Act. It concluded that the agreement was genuinely negotiated and did not disadvantage employees by comparison to the relevant award. The Commission noted that the agreement provided for a number of benefits for employees, including a wage increase, improved leave provisions, and the establishment of a dispute resolution process. The Commission was satisfied that the agreement had been negotiated in good faith and that it did not result in any employees being worse off than they would have been under the relevant award.

Based on the above, the Commission approved the agreement. The decision highlights the importance of ensuring that enterprise agreements meet the statutory requirements set out in the Fair Work Act. Employers and unions must ensure that any agreement reached is genuinely negotiated and does not disadvantage employees. The decision also underscores the role of the Fair Work Commission in approving enterprise agreements and resolving disputes between employers and employees.

No further orders were made.

Berajondo 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