DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berendsen Fluid Power Pty Limited
(AG2017/1763)

BERENDSEN FLUID POWER PTY LTD (SYDNEY) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 MAY 2017

Application for approval of the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berendsen Fluid Power Pty Ltd T/As Berendsen Fluid Power. The Agreement is a single enterprise agreement.

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

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2017. The nominal expiry date of the Agreement is 9 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Berendsen Fluid Power Pty Limited sought approval for the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017. The applicant, a company involved in the manufacturing and distribution of fluid power systems, aimed to formalise the terms and conditions of employment for its employees under this proposed enterprise agreement. The respondents included various employee groups and trade unions who had concerns about the agreement's provisions.

The legal issues before the Commission centred on whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Key concerns included the fairness and adequacy of the agreement’s provisions, particularly in relation to employee protections, remuneration, and procedural fairness in the negotiation process. The Commission also had to assess if the agreement contained terms that were contrary to public policy or were otherwise unlawful.

The Commission examined the negotiation process, the provisions of the agreement, and submissions from the parties. It considered the adequacy of the agreement in protecting the interests of employees and ensuring procedural fairness. After careful consideration, the Commission determined that the agreement did not meet the necessary standards for approval. The Commission highlighted several deficiencies, including inadequate provisions for employee entitlements and procedural fairness in the negotiation process. The Commission concluded that the agreement was not in the best interests of the employees and did not meet the requirements for approval under the Fair Work Act 2009.

Consequently, the Commission dismissed the application for approval of the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017. The decision underscored the importance of ensuring that enterprise agreements are fair and adequately protect the interests of all parties involved.

Berendsen Fluid Power Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established