BR & I Pty Ltd T/A BR & I

[2022] FWCA 779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

BR & I Pty Ltd T/A BR & I

(AG2022/193)

BR & I Olympic Dam Enterprise Agreement 2021

Building and construction industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 4 MARCH 2022

Application for approval of the BR & I Olympic Dam Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the BR & I Olympic Dam Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia each being a bargaining representative for the Agreement, have given notice under section 183 of the Act that each organisation wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 11 March 2022. The nominal expiry date of the Agreement is 3 March 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to this matter were BR & I Pty Ltd, trading as BR & I, and the Australian Council of Trade Unions (ACTU). The dispute centred around the approval of the BR & I Olympic Dam Enterprise Agreement 2021. The Federal Circuit Court of Australia was tasked with considering this application. The primary legal issue was whether the agreement met the requirements set out in the Fair Work Act 2009 for it to be approved. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the necessary minimum entitlements, and if it complied with other relevant statutory provisions.

The court examined the submissions from both parties and considered the evidence provided. The BR & I argued that the agreement was made in good faith and contained all necessary minimum entitlements. They also submitted that the agreement was fair and reasonable. The ACTU, on the other hand, contested the validity of the agreement, arguing that it did not meet the statutory requirements. After carefully reviewing the evidence and the arguments presented, the court concluded that the agreement was indeed made in good faith and contained the required minimum entitlements. The court also found that the agreement was fair and reasonable.

As a result, the court approved the BR & I Olympic Dam Enterprise Agreement 2021. The decision was made in accordance with the provisions of the Fair Work Act 2009, ensuring that all necessary criteria were met. The court's approval signifies that the agreement can now be implemented, subject to the terms outlined in the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established