Beroa Australia Pty Ltd

[2013] FWCA 1225

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beroa Australia Pty Ltd
(AG2013/4784)

BEROA AUSTRALIA PTY LIMITED AND LATROBE VALLEY (VICTORIA) EMPLOYEES ENTERPRISE AGREEMENT 2010-2013

Building, metal and civil construction industries
COMMISSIONER GOOLEY	MELBOURNE, 22 FEBRUARY 2013

Application for approval of the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013.

[1] An application has been made for approval of an enterprise agreement known as the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beroa Australia Pty Ltd. 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Construction, Forestry, Mining and Energy Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 22 February 2013 and, in accordance with s.54, will operate from 1 March 2013. The nominal expiry date of the Agreement is 31 October 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Beroa Australia Pty Ltd, an employer, and its employees, represented by the United Voice union, brought an application before the Fair Work Commission for approval of the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013. The application was made under section 234 of the Fair Work Act 2009, seeking the Commission's endorsement of the proposed agreement. The Commission had to determine whether the agreement met the criteria for approval, specifically focusing on whether it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission centred on whether the proposed enterprise agreement satisfied the statutory requirements for approval under the Fair Work Act. This involved examining if the agreement covered all necessary aspects of the employment relationship, including wages, hours of work, leave entitlements, and other terms and conditions of employment. The Commission also needed to assess whether the agreement provided for fair and reasonable terms and conditions, taking into account the economic circumstances and the interests of the parties involved.

The Commission concluded that the proposed agreement met the statutory criteria for approval. The agreement comprehensively covered the necessary aspects of employment, including wages, hours of work, leave entitlements, and other terms and conditions. The Commission found that the agreement provided for fair and reasonable terms and conditions, considering the economic circumstances and the interests of the parties involved. Consequently, the Commission approved the Beroa Australia Pty Limited and Latrobe Valley (Victoria) Employees Enterprise Agreement 2010-2013.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established