Berendsen Fluid Power Pty Ltd

[2022] FWCA 3523

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Berendsen Fluid Power Pty Ltd

(AG2022/4017)

Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 11 OCTOBER 2022

Application for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd Newcastle 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 Berendsen Fluid Power Pty Ltd (Employer). The Agreement is a single enterprise agreement.

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.
The Agreement lodged as part of the application contained incorrect references at clauses 5.1, 5.2, 15.1, 21.2, 21.3 and Appendix 1. The Employer sought to correct the drafting errors and provided amended Agreement pages. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berendsen Fluid Power Pty Ltd, an Australian company, applied to the Fair Work Commission for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2022. The dispute involved terms of employment for employees at the company’s Newcastle site, with a focus on the fairness and compliance of the proposed agreement under the Fair Work Act 2009. The Commission was required to assess whether the agreement met the legislative standards for enterprise agreements, including ensuring procedural fairness in its creation and examining the substantive terms for compliance with minimum workplace entitlements.

The primary legal issues centred on the procedural fairness of the agreement’s formation and whether the terms complied with the Fair Work Act’s requirements. Procedural fairness involved scrutinising the processes by which the agreement was negotiated and whether all necessary steps were taken to ensure genuine agreement. The substantive issues included verifying that the agreement did not undercut the minimum standards set by the Act and ensuring that the terms were fair and reasonable in the context of the employees' roles and industry standards.

The Fair Work Commission found that the agreement was procedurally fair, as it was genuinely negotiated between the employer and the employees' representatives. The Commission also determined that the substantive terms of the agreement met the requirements of the Fair Work Act, providing for fair and reasonable conditions that did not fall below the minimum standards. Consequently, the Commission approved the application for the agreement to be registered, thereby making it legally binding between the company and its employees.

The final orders of the Fair Work Commission approved the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2022, with the agreement to be registered and enforceable under the Fair Work Act. This decision ensured that the agreement would govern the terms and conditions of employment for the employees at the Newcastle site, providing a framework for future industrial relations between the company and its workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established