Beroa Australia Pty Ltd ATF Beroa Australia Unit Trust T/A Beroa Australia Pty Ltd

[2014] FWCA 6274

FAIR WORK COMMISSION

DECISION

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

Beroa Australia Pty Ltd ATF Beroa Australia Unit Trust T/A Beroa Australia Pty Ltd
(AG2014/7075)

BEROA AUSTRALIA PTY LIMITED / CFMEU / EMPLOYEE - NATIONAL (EXCLUDING THE STATE OF VICTORIA) - ENTERPRISE BARGAINING AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 10 SEPTEMBER 2014

Application for approval of the Beroa Australia Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2014-2017.

[1] An application has been made for approval of an enterprise agreement known asthe Beroa Australia Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2014-2017 (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 ATF Beroa Australia Unit Trust t/a Beroa Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise bargaining agreement (EBA) between Beroa Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The EBA, titled "Beroa Australia Pty Limited / CFMEU / Employee - National (excluding the State of Victoria) - Enterprise Bargaining Agreement, 2014-2017", sought to establish terms and conditions of employment for employees of Beroa Australia, excluding those in Victoria. The application for approval was brought by the union on behalf of its members employed by the company. The primary dispute centred on whether the EBA met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the EBA complied with the requirements of the Fair Work Act, specifically sections 231 and 232. The Commission needed to determine if the EBA was in the public interest and if it had been negotiated in good faith. Additionally, the Commission had to assess whether the EBA provided for a fair and efficient system of determining wages and other conditions of employment, and whether it was free from coercive conduct. Another issue was whether the EBA adequately covered the prescribed matters as per section 227 of the Act.

The Commission found that the EBA was consistent with the principles of the Fair Work Act and did not contain any provisions that would not be in the public interest. The EBA was negotiated in good faith, and the Commission was satisfied that it provided for a fair and efficient system of determining wages and other employment conditions. The Commission also confirmed that the EBA was free from any coercive conduct. The Commission concluded that the EBA met all the criteria for approval and was in the public interest.

Accordingly, the Commission approved the EBA, stating that it was appropriate for registration. The decision was made on the basis that the agreement was fair, efficient, and in the public interest. The EBA was registered, and the terms and conditions outlined within it would apply to the employees of Beroa Australia, excluding those in Victoria, for the period of 2014 to 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established