Berendsen Fluid Power Pty Ltd Summary

[2013] FWCA 270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Berendsen Fluid Power Pty Ltd
(AG2012/14407)

BERENDSEN FLUID POWER PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 18 JANUARY 2013

Application for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement shall apply to Berendsen Fluid Power Pty Ltd and to all its employees at the employer’s Newcastle site whose classifications are set out in Appendix I of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

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

[4] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 25 January 2013. The nominal expiry date of the Agreement is 30 September 2014.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Berendsen Fluid Power Pty Ltd, the matter was heard in the Fair Work Commission, which was asked to consider the approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2012. The applicant, Berendsen Fluid Power Pty Ltd, sought the approval of this enterprise agreement, which aimed to regulate the employment conditions for its employees in the Newcastle area. The dispute involved the terms and conditions outlined in the agreement, specifically whether they complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under section 233 of the Fair Work Act 2009. This included verifying that the agreement had been made in good faith and that it contained the necessary provisions for employees' pay and conditions, including minimum rates of pay and maximum weekly hours. Additionally, the Commission had to consider whether the agreement had been properly negotiated and whether it included the appropriate procedures for resolving disputes between the employer and employees.

The Fair Work Commission found that the application for approval of the enterprise agreement was valid. The agreement had been negotiated in good faith and contained all the necessary provisions for employees' pay and conditions, including minimum rates of pay and maximum weekly hours. The Commission also determined that the agreement included the appropriate dispute resolution procedures and was therefore in compliance with the Fair Work Act 2009. Consequently, the Commission approved the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2012.

The Fair Work Commission approved the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2012, finding it to be in compliance with the Fair Work Act 2009. The Commission determined that the agreement had been negotiated in good faith, contained the necessary provisions for employees' pay and conditions, and included appropriate dispute resolution procedures. This decision ensures that the terms and conditions outlined in the agreement are legally binding and provide a fair framework for the employment relationship between Berendsen Fluid Power Pty Ltd and its employees in the Newcastle area.

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