DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brad Read Design Group Pty Ltd
(AG2018/5767)

BRAD READ DESIGN GROUP PTY LTD (ABN: 60 131 465 891) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 20 MARCH 2019

Application for approval of the Brad Read Design Group Pty Ltd (ABN: 60 131 465 891) Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Brad Read Design Group Pty Ltd (ABN: 60 131 465 891) Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Brad Read Design Group Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brad Read Design Group Pty Ltd, represented by their employer, sought approval of their 2018 Enterprise Agreement from the Fair Work Commission. The dispute centred around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The Fair Work Commission, comprising of a delegate of the President, was tasked with reviewing the agreement.

The primary legal issue before the Commission was whether the Enterprise Agreement complied with the requirements of the Fair Work Act and whether it was made in good faith. Specifically, the Commission had to determine if the agreement was free from any element of coercion, undue influence, or any other factor that could taint the fairness of the agreement. Furthermore, the Commission needed to assess if the agreement was made in accordance with the relevant provisions of the Act, ensuring it did not unfairly discriminate against any employees or groups of employees.

In reaching its decision, the Commission thoroughly examined the bargaining process and the contents of the Enterprise Agreement. It was satisfied that the agreement was made in good faith and was free from any coercive practices or undue influence. The Commission found that all mandatory provisions of the Act were adhered to, and the agreement did not unfairly discriminate against any employees. Consequently, the Commission approved the Enterprise Agreement, finding it to be fair and compliant with the statutory requirements.

As a result of the Commission's approval, the Brad Read Design Group Pty Ltd Enterprise Agreement 2018 is now in effect. The agreement will govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

Brad Read Design Group 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