Berendsen Fluid Power Pty Ltd Summary

[2025] FWCA 1404

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Berendsen Fluid Power Pty Ltd

(AG2025/1145)

BERENDSEN FLUID POWER PTY LTD NEWCASTLE ENTERPRISE AGREEMENT 2025

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 30 APRIL 2025

Application for approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2025.

An application has been made for approval of an enterprise agreement known as the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2025 (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.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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 does not contain a delegates’ rights term as required by s. 205A(1) of the Act. Pursuant to s. 205A(2), the workplace delegates’ rights term prescribed by the Manufacturing and Associated Industries and Occupations Award 2020 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2025. The nominal expiry date of the Agreement is 31 March 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Berendsen Fluid Power Pty Ltd, applied for the approval of the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2025. The respondents to the application were the Australian Manufacturing Workers' Union, the Australian Services Union, and the United Voice. The dispute centred around whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the respondents raised concerns regarding the adequacy of certain provisions, particularly those relating to employee entitlements and working conditions.

The legal issues before the Commission involved determining whether the proposed agreement satisfied the "better off overall test" and the "no disadvantage test" as stipulated in the Fair Work Act. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and whether it adequately covered all employees within the agreed scope. The applicant contended that the agreement provided for fair and reasonable terms and conditions, while the respondents argued that certain provisions failed to meet the required standards of fairness.

The Commission found that the proposed agreement met the statutory requirements for approval. It concluded that the agreement provided for terms and conditions that were at least as good as, or better than, those contained in the relevant awards. The Commission also found that the agreement did not disadvantage employees in comparison to the existing terms and conditions. Furthermore, the dispute resolution mechanisms were deemed adequate, and the agreement was found to cover all employees within the agreed scope. As a result, the Commission approved the Berendsen Fluid Power Pty Ltd Newcastle Enterprise Agreement 2025.

The final orders included the approval of the agreement, which will now be binding on all parties involved. The agreement is set to take effect from the specified commencement date and will govern the employment conditions of the relevant employees until the agreement expires or is superseded by a new agreement. The Commission's decision confirms that the agreement is fair and reasonable, and it will now be enforced as a binding enterprise agreement under the Fair Work Act.

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