Beyond Bricklaying Pty Ltd

[2014] FWCA 829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beyond Bricklaying Pty Ltd
(AG2014/3463)

BEYOND BRICKLAYING PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 FEBRUARY 2014

Application for approval of the Beyond Bricklaying Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Beyond Bricklaying Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Beyond Bricklaying Pty Ltd, an applicant, sought approval of the Beyond Bricklaying Pty Ltd Enterprise Agreement 2014. The respondent, the Building Construction, Forestry, Manufacturing, Energy and General Workers' Union of Australia, contested the application, arguing that the agreement failed to adequately address certain issues. The matter was heard in the Fair Work Commission.

The legal issues before the Commission centred on whether the Enterprise Agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions as mandated by the Act, and whether it was made in good faith and covered a suitable group of employees. Additionally, the Commission needed to assess if the agreement was sufficiently clear and accessible to the employees it covered.

The Commission found that the Enterprise Agreement did not meet the criteria for approval. The agreement lacked specific details on key terms, such as annual leave and penalty rates, which were essential for meeting the minimum standards under the Act. Furthermore, the Commission concluded that the agreement was not made in good faith, as it failed to address certain employee concerns that were raised during the negotiation process. As a result, the Commission dismissed the application for approval of the agreement.

The Commission did not grant approval for the Beyond Bricklaying Pty Ltd Enterprise Agreement 2014. The agreement was found to be deficient in several respects, failing to provide the necessary minimum terms and conditions and lacking the requisite good faith in its negotiation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established