DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berendsen Fluid Power Pty Ltd
(AG2019/1409)

BERENDSEN FLUID POWER PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 JUNE 2019

Application for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Berendsen Fluid Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2019. The nominal expiry date of the Agreement is 31 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court was an application by Berendsen Fluid Power Pty Ltd for the approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2019. The applicant sought to have the agreement, which was entered into between the company and its employees, approved under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement met the requirements of the Act and whether it was an appropriate and fair agreement for the employees covered by it.

The court considered the terms of the agreement and the submissions made by both parties. The applicant argued that the agreement was an appropriate and fair agreement for the employees, while the respondents raised concerns about certain provisions of the agreement. The court found that the agreement met the requirements of the Act and that it was an appropriate and fair agreement for the employees covered by it. The court took into account the evidence presented by both parties and considered the overall fairness of the agreement.

The court approved the agreement, finding that it was appropriate and fair for the employees covered by it. The court noted that the agreement provided for a fair and reasonable set of terms and conditions for the employees, and that it was in line with the objectives of the Act. The court also noted that the agreement had been entered into through a process of good faith bargaining between the parties.

The final order of the court was that the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2019 be approved under the Fair Work Act 2009. The court found that the agreement was appropriate and fair for the employees covered by it, and that it met the requirements of the Act. The court also noted that the agreement had been entered into through a process of good faith bargaining between the parties.

Berendsen Fluid Power 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