Berendsen Fluid Power Pty Ltd Summary

[2014] FWCA 8335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berendsen Fluid Power Pty Ltd
(AG2014/9527)

BERENDSEN FLUID POWER PTY LTD (SYDNEY) ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2014

Application for approval of the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Berendsen Fluid Power Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2014. The nominal expiry date of the Agreement is 31 March 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Berendsen Fluid Power Pty Ltd, the Fair Work Commission was asked to approve an enterprise agreement between the employer and its employees. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The Fair Work Commission, led by Commissioner Scott, was tasked with determining the validity and enforceability of the enterprise agreement.

The central legal issues before the Commission were whether the agreement met the requirements for employee representation, notice, and consultation under the Act. Specifically, the employer argued that the agreement was validly made, while the employees' representative contended that the process leading to the agreement was flawed and did not comply with statutory provisions. The Commission had to assess the adequacy of the consultation process and whether the agreement was made in good faith.

The Fair Work Commission found that the employer had adequately consulted with the employees' representative during the bargaining process. The Commission concluded that the agreement was made in good faith and that all procedural requirements were met. Consequently, the application for approval of the enterprise agreement was upheld. The Commission's decision was based on the evidence presented, which demonstrated that the process was fair and that the agreement was supported by the majority of the employees.

The Fair Work Commission approved the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2014, thereby resolving the dispute in favour of the employer. The decision underscored the importance of following statutory requirements for employee consultation and representation in the enterprise bargaining process.

Berendsen Fluid Power Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established