Brad Read Design Group Pty Ltd Summary

[2014] FWCA 4979

FAIR WORK COMMISSION

DECISION

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

Brad Read Design Group Pty Ltd
(AG2014/6391)

BRAD READ DESIGN GROUP PTY LTD (ABN: 60 131 465 891) ENTERPRISE AGREEMENT 2014

Technical services
COMMISSIONER SIMPSON	BRISBANE, 24 JULY 2014

Application for approval of the Brad Read Design Group Pty Ltd (ABN: 60 131 465 891) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brad Read Design Group Pty Ltd (ABN: 60 131 465 891) Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brad Read Design Group Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 10 July 2014 an undertaking was provided by Mr Brad Read, Managing Director of Brad Read Design Group Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brad Read Design Group Pty Ltd (ABN: 60 131 465 891) applied to the Fair Work Commission for the approval of its Enterprise Agreement 2014. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the provisions concerning employee entitlements, working conditions, and dispute resolution mechanisms.

The legal issues the court was required to decide included whether the agreement provided for minimum entitlements that were not less favourable than the relevant industrial instrument, if the agreement contained unfair terms, and whether it provided for a fair and efficient system for resolving disputes between the employer and employees. The court also had to consider if the agreement was made in good faith and whether it met the requirements for simplification and clarity.

In delivering its decision, the Fair Work Commission examined the provisions of the Enterprise Agreement 2014 against the statutory benchmarks set out in the Fair Work Act 2009. The Commission found that the agreement complied with the minimum entitlements requirement and did not contain any unfair terms. It was concluded that the agreement provided for a fair and efficient dispute resolution system and that it was made in good faith. The Commission also determined that the agreement met the requirements for simplification and clarity, thus meeting all necessary criteria for approval. Consequently, the Fair Work Commission approved the Enterprise Agreement 2014.

Brad Read Design Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established