Berg Engineering Pty Ltd Summary

[2024] FWCA 4367

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Berg Engineering Pty Ltd

(AG2024/4302)

BERG ENGINEERING ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 9 DECEMBER 2024

Application for approval of the Berg Engineering Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Berg Engineering Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Berg Engineering Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 16 December 2024. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berg Engineering Pty Ltd, an employer in the mechanical engineering industry, filed an application seeking approval of the Berg Engineering Enterprise Agreement 2024. The application was lodged with the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes and the regulation of workplace relations. The dispute centred around the terms and conditions of employment within the company and the validity of the proposed agreement between the employer and its employees.

The central legal issues that the Fair Work Commission had to address involved whether the agreement contained all the mandated terms and conditions required under the Fair Work Act 2009. Additionally, the Commission needed to determine if the agreement had been genuinely negotiated between the parties and if it complied with the provisions of the Fair Work Act concerning minimum entitlements and unfair dismissal protections.

The Fair Work Commission meticulously reviewed the submitted documentation and heard arguments from both parties. The Commission found that the agreement comprehensively covered all the necessary terms and conditions as prescribed by the Fair Work Act, and it was evident that the agreement had been genuinely negotiated. Furthermore, the Commission was satisfied that the agreement did not compromise any minimum entitlements or protections against unfair dismissal. Consequently, the Commission approved the Berg Engineering Enterprise Agreement 2024, affirming its compliance with the statutory requirements.

The final orders of the Fair Work Commission confirmed the approval of the Berg Engineering Enterprise Agreement 2024, effective from the date of the Commission's decision. This ruling ensured that the terms and conditions set forth in the agreement would govern the employment relationship between Berg Engineering Pty Ltd and its employees for the specified period.

Berg Engineering Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established