DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BR & I Pty Ltd
(AG2017/713)

BR & I PTY LTD ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER LEE	MELBOURNE, 29 MARCH 2017

Application for approval of the BR & I Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BR & I Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BR & I 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 April 2017. The nominal expiry date of the Agreement is 28 March 2021

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BR & I Pty Ltd applied for approval of the BR & I Pty Ltd Enterprise Agreement 2016. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on the terms of the enterprise agreement, specifically whether it met the requirements for being deemed "appropriate" under the Act.

The legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including those relating to the classification of employees, and whether the agreement had been made in good faith and without coercion. Additionally, the Commission considered whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and other relevant legislation.

The Fair Work Commission found that the enterprise agreement met all the statutory requirements. The Commission was satisfied that the agreement had been made in good faith and without coercion, and that it provided for fair and reasonable terms. The Commission also found that the agreement was consistent with all relevant legislation. The application for approval was thus granted, and the enterprise agreement was approved.

The Fair Work Commission's final order was that the BR & I Pty Ltd Enterprise Agreement 2016 be approved and registered under section 233 of the Fair Work Act 2009. The approval was subject to the agreement being in effect from the date of registration.

BR & I Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established