DECISION

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

Brady Marine & Civil Pty Ltd
(AG2015/944)

BRADY MARINE & CIVIL PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 MAY 2015

Application for approval of the Brady Marine & Civil Pty Ltd Enterprise Agreement 2015-2019.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 April 2015 by Brady Marine & Civil Pty Ltd for the approval of a single-enterprise agreement known as the Brady Marine & Civil Pty Ltd Enterprise Agreement 2015-2019(“the 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 will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brady Marine & Civil Pty Ltd applied for the approval of the Brady Marine & Civil Pty Ltd Enterprise Agreement 2015-2019. The application was heard by the Fair Work Commission, and the dispute involved the terms and conditions of employment within the company, particularly focusing on the classification and remuneration of employees. The company sought to have the agreement approved as it had been negotiated in good faith with the relevant trade unions.

The primary legal issue before the Commission was whether the agreement met the requirements of section 231 of the Fair Work Act 2009. This section mandates that an enterprise agreement must be approved if it is satisfied that the agreement was made in good faith and that the necessary procedural requirements were met. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission examined the negotiation process and the terms of the agreement. It found that the agreement was negotiated in good faith and that the necessary procedural requirements were fulfilled. The Commission also considered the fairness and reasonableness of the terms, including the classification and remuneration of employees. After reviewing the evidence and submissions, the Commission determined that the agreement met the statutory requirements and was consistent with the objectives of the Fair Work Act.

The Fair Work Commission approved the Brady Marine & Civil Pty Ltd Enterprise Agreement 2015-2019, effective from 1 April 2015 to 31 March 2019. The decision was based on the findings that the agreement was negotiated in good faith, met the procedural requirements, and provided for fair and reasonable terms and conditions. The approval of the agreement ensures that the terms and conditions of employment are regulated under the enterprise agreement, rather than the applicable awards or general awards.

Brady Marine & Civil 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