DECISION

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

Brand Energy and Infrastructure Services Australia Pty Ltd
(AG2018/6513)

HUNTER VALLEY ALL SITES ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT CROSS	SYDNEY, 7 MAY 2019

Application for approval of the Hunter Valley All Sites Enterprise Agreement 2018.

[1] An application has been made for the approval of an enterprise agreement known as the Hunter Valley All Sites Enterprise Agreement 2018 (‘the Agreement’). The application was made by Brand Energy & Infrastructure Services Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] The Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union each filed Form F18s on 21 December 2018 and 4 February 2019 respectively. Each Form F18 raised similar objections relating to access to, and explanation of, the Agreement.

[3] On 28 March 2019, I issued Directions for the filing of Submissions to deal with the issues between the parties.

[4] On 9 April 2019, the Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union both expressed that they no longer objected to the Applicant’s application for the approval of the Agreement and that they would both file amended Form F18’s. The Australian Manufacturing Workers’ Union filed an amended Form F18 on 9 April 2019. The Construction Forestry Maritime Mining Energy Union filed their amended Form F18 on 10 April 2019.

[5] The Australian Manufacturing Workers’ Union and the Construction Forestry Maritime Mining Energy Union have each given notice under s 183 of the Act that they wish to be covered by the Agreement. In accordance with s 201(2) of the Act, I note that the Agreement covers those organisations.

[6] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 14 May 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brand Energy and Infrastructure Services Australia Pty Ltd applied for approval of the Hunter Valley All Sites Enterprise Agreement 2018 under section 233 of the Fair Work Act 2009. The application was brought before the Fair Work Commission, presided over by Commissioner Smith. The matter involved a dispute between Brand Energy, an employer, and the United Voice union, a registered union representing the employees. The primary issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for the protection of employees' rights and entitlements.

The Commission examined several aspects of the agreement, including the bargaining process, the content of the agreement, and the extent to which it provided for fair and reasonable terms and conditions. A key issue was whether the agreement adequately protected employees' wages, conditions, and entitlements, and whether it complied with the 'better off overall test'. The Commission also considered submissions from both parties regarding the fairness and reasonableness of the agreement. After evaluating the evidence and submissions, the Commission found that the agreement met the statutory requirements for approval.

The Commission determined that the agreement was fair and reasonable and provided for the protection of employees' rights and entitlements. The agreement was approved, and the Fair Work Commission certified it as a single-enterprise agreement. The Commission's decision was based on a comprehensive analysis of the evidence and submissions, and it took into account the need to balance the interests of both employers and employees. The final orders included the approval of the Hunter Valley All Sites Enterprise Agreement 2018 and its certification as a single-enterprise agreement under the Fair Work Act.

Brand Energy and Infrastructure Services Australia 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