DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Berendsen Fluid Power Pty Ltd T/A Berendsen Fluid Power
(AG2017/1920)

BERENDSEN FLUID POWER PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JULY 2017

Application for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd Newcastle 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/A Berendsen Fluid Power. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Agreement was approved on 21 July 2017 and, in accordance with s.54, will operate from 28 July 2017. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Berendsen Fluid Power Pty Ltd, trading as Berendsen Fluid Power, applied to the Fair Work Commission for approval of the Berendsen Fluid Power Newcastle Enterprise Agreement 2017. The agreement was intended to govern the terms and conditions of employment for the employees at the Newcastle plant. The application came before the Fair Work Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue for the court to decide was whether the agreement complied with the procedural and substantive requirements outlined in the Fair Work Act. Procedurally, the court examined whether the agreement had been genuinely negotiated and if there was sufficient evidence of majority support from the employees. Substantively, the court assessed whether the agreement provided for minimum entitlements and did not adversely affect employees' rights under the national workplace relations system. Additionally, the court had to ensure that the agreement did not discriminate against any group of employees or contain any unlawful content.

The Fair Work Commission found that the agreement was genuinely negotiated and supported by a majority of the employees, thus satisfying the procedural requirements. The substantive provisions of the agreement were also examined, and it was determined that the agreement provided for all minimum entitlements and did not contain any unlawful terms or discriminate against any group of employees. The Commission concluded that the agreement was fair and appropriate for the employees of Berendsen Fluid Power's Newcastle plant.

Consequently, the Fair Work Commission approved the Berendsen Fluid Power Newcastle Enterprise Agreement 2017, endorsing its terms for the employees at the Newcastle plant. This decision provided legal certainty for the agreement's implementation, ensuring that it would govern the employment conditions of the workers as intended.

Berendsen Fluid Power Pty Ltd T/A Berendsen Fluid Power

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established