DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brancourt Staff Pty Ltd
(AG2017/4778)

BRANCOURTS HEXHAM ENTERPRISE AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MARCH 2018

Application for approval of the Brancourts Hexham Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Brancourts Hexham Enterprise Agreement 2017 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brancourt Staff Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australasian Meat Industry Employees 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 March 2018. The nominal expiry date of the Agreement is 19 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Brancourt Staff Pty Ltd, an applicant, and the Australian Industrial Relations Commission, the respondent. The dispute centred around the approval of the Brancourts Hexham Enterprise Agreement 2017-2019. This agreement, submitted for consideration, aimed to set the terms and conditions of employment for employees within the Hexham enterprise of Brancourt Staff Pty Ltd.

The primary legal issues before the court involved assessing whether the proposed enterprise agreement met the requirements set forth in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and if it included provisions that allowed for the genuine improvement of employees' terms and conditions. Additionally, the court examined if the agreement was made in good faith and whether it complied with procedural requirements, including proper employee representation and notice provisions.

In reaching its decision, the court thoroughly reviewed the evidence provided by the applicant and considered submissions from both parties. The court found that the proposed agreement met all statutory requirements. It provided for terms and conditions that were not less favourable than the relevant award, included provisions for the genuine improvement of employees' terms, and was made in good faith. The court also confirmed that all procedural requirements had been met, including proper employee representation and adequate notice. Consequently, the court approved the Brancourts Hexham Enterprise Agreement 2017-2019, allowing it to come into effect as a legally binding document.

The final orders of the court were that the Brancourts Hexham Enterprise Agreement 2017-2019 be approved and registered, thereby enabling it to be enforced as a lawful agreement between the employer and the employees within the Hexham enterprise of Brancourt Staff Pty Ltd. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship for the specified period.

Brancourt Staff 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