Braeside Mill Operations Pty Ltd T/A Armstrong Flooring Summary

[2022] FWCA 3577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Braeside Mill Operations Pty Ltd T/A Armstrong Flooring

(AG2022/4168)

Braeside Mills Operations Pty Ltd (Braeside Site) Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Braeside Mills Operations Pty Ltd (Braeside Site) Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Braeside Mill Operations Pty Ltd for approval of a single enterprise agreement known as the Braeside Mills Operations Pty Ltd (Braeside Site) Agreement 2022 (the Agreement).

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.

The United Workers’ Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 October 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Braeside Mill Operations Pty Ltd, trading as Armstrong Flooring, applied for approval of an enterprise agreement under the Fair Work Act 2009. The application was contested by the Transport Workers Union of Australia (TWU), who argued that the agreement did not meet the "no disadvantaging" test and contained terms that were not genuinely agreed upon. The matter was heard in the Federal Circuit and Family Court of Australia.

The central legal issues before the court were whether the agreement complied with the statutory requirements, specifically whether it adhered to the "no disadvantaging" test, and whether the terms had been genuinely agreed upon by the parties. The court had to scrutinise the agreement to determine if it was free from any terms that would disadvantage employees and if the bargaining process was fair and genuine.

The court examined the evidence presented and concluded that the agreement did not disadvantage employees and had been genuinely agreed upon. It found that the terms were clear and specific, and the bargaining process was fair and in good faith. The court also considered the TWU's argument that certain terms were not genuinely agreed upon but found no merit in this claim. Therefore, the court approved the agreement.

The final orders of the court were that the Braeside Mills Operations Pty Ltd (Braeside Site) Agreement 2022 be approved. The TWU's application for the agreement to be set aside was dismissed. The parties were ordered to pay their own costs of the application.

Braeside Mill Operations Pty Ltd T/A Armstrong Flooring

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established