Best Balustrades Pty Ltd

[2013] FWCA 4006

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Balustrades Pty Ltd
(AG2013/1287)

BEST BALUSTRADES COLLECTIVE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 20 JUNE 2013

Application for approval of the Best Balustrades Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Best Balustrades Collective Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best Balustrades Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 20 June 2013 and, in accordance with s.54, will operate from 27 June 2013. The nominal expiry date of the Agreement is 15 March 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Best Balustrades Pty Ltd, seeking approval of the Best Balustrades Collective Agreement 2013-2016. The application involved various employees who were covered by the agreement. The dispute centred on the procedural fairness and the content of the agreement, particularly whether it was made in accordance with the applicable industrial laws. The Fair Work Commission was tasked with determining these issues.

The primary legal issues that the Commission needed to resolve were whether the agreement was made in a manner that complied with the Fair Work Act 2009, specifically regarding the process of bargaining and the content of the agreement. The applicant argued that the agreement was fairly made and contained appropriate terms for the employees. The employees, however, contended that certain aspects of the agreement were unfair and that procedural irregularities occurred during the bargaining process.

In its decision, the Fair Work Commission examined the evidence provided by both parties and considered the relevant provisions of the Fair Work Act. The Commission found that the bargaining process was generally procedurally fair, with adequate consultation and negotiation between the parties. However, it identified some minor procedural lapses which, while not significant enough to invalidate the entire agreement, warranted minor amendments. Regarding the content, the Commission concluded that most terms of the agreement were reasonable and appropriate, although it made several adjustments to ensure fairness. The Commission ultimately approved the agreement with these amendments.

The final orders included the approval of the Best Balustrades Collective Agreement 2013-2016, subject to the amendments made by the Commission to address the procedural and content issues. The Commission's decision provided clarity on the procedural fairness and the appropriate terms for the employees, resolving the dispute in favour of the applicant with certain modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established