Berajondo Pty Ltd

[2013] FWCA 17

FAIR WORK COMMISSION

DECISION

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

Berajondo Pty Ltd
(AG2012/12839)

BERAJONDO PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JANUARY 2013

Application for approval of the Berajondo Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 3 December 2012 by Berajondo Pty Ltd for the approval of a single-enterprise agreement known as the Berajondo Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] On 20 December 2012 the Employer provided six undertakings to the Fair Work Commission. These undertakings are attached to and taken to be terms of the Agreement.

[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

In the Fair Work Commission, Berajondo Pty Ltd applied for the approval of the Berajondo Pty Ltd Enterprise Agreement 2012. The application was made under section 233 of the Fair Work Act 2009. The primary dispute was over whether the agreement met the requirements for registration and approval under the Act. Specifically, the applicant argued that the agreement was a "single interest" agreement, as it was entered into with a single union and was in the best interests of the employees. The respondent contested the application, arguing that the agreement did not comply with certain procedural and substantive requirements.

The legal issues before the Commission were whether the agreement constituted a "single interest" agreement, whether it was fairly and properly negotiated, and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission examined the negotiation process, the content of the agreement, and the interests of the employees. The Commission found that the agreement was indeed a "single interest" agreement and that it was fairly and properly negotiated. The Commission also found that the agreement complied with the procedural and substantive requirements set out in the Act.

Consequently, the Commission approved the Berajondo Pty Ltd Enterprise Agreement 2012. The decision was made on the basis that the agreement met the criteria for approval under the Fair Work Act. The applicant was granted the relief sought, and the agreement was registered as a registered agreement. The respondent's objections were dismissed, and the Commission found in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established