Berajondo Pty Ltd T/A Berajondo Earthmoving and Haulage

[2022] FWCA 1252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Berajondo Pty Ltd T/A Berajondo Earthmoving and Haulage

(AG2022/945)

Berajondo Pty Ltd Enterprise Agreement 2022

Building, metal and civil construction industries
COMMISSIONER SPENCER	BRISBANE, 8 APRIL 2022

Application for the approval of Berajondo Pty Ltd Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Berajondo Pty Ltd Enterprise Agreement 2022 (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 Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 30 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berajondo Pty Ltd, trading as Berajondo Earthmoving and Haulage, applied to the Fair Work Commission for the approval of the Berajondo Pty Ltd Enterprise Agreement 2022. The Fair Work Commission was required to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the appropriate minimum terms and conditions for the employees, whether the agreement was made in good faith, and whether the agreement had been appropriately negotiated. Additionally, the Commission had to consider the implications of any potential non-compliance with the applicable industrial instruments.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and was made in good faith. The Commission also found that the agreement had been appropriately negotiated, and that there was no non-compliance with any applicable industrial instruments. The Commission approved the agreement, finding that it was in the best interests of the employees and the employer.

The Fair Work Commission approved the Berajondo Pty Ltd Enterprise Agreement 2022, and the decision is final and binding on the parties. The agreement is now legally enforceable, and the terms and conditions contained within it apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established