DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Energy and Infrastructure Services (Gladstone) Pty Ltd
(AG2017/1929)

BRAND ENERGY & INFRASTRUCTURE SERVICES (GLADSTONE) PTY LTD ALL SITES ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 14 JUNE 2017

Application for approval of the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brand Energy and Infrastructure Services (Gladstone) Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2017. The nominal expiry date of the Agreement is 13 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

Brand Energy and Infrastructure Services (Gladstone) Pty Ltd recently came before the Fair Work Commission in an application for the approval of the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2017. The applicant, Brand Energy, sought approval for the enterprise agreement under section 231 of the Fair Work Act 2009. The application was opposed by the Queensland Teachers' Union, who represented employees of the company. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, with the union arguing that certain provisions did not meet the requirements of the Fair Work Act.

The legal issues before the Commission included whether the agreement met the 'better off overall test' and whether it contained all the 'protected attributes' as required by the Fair Work Act. The union's primary contention was that the proposed agreement did not sufficiently protect employees' rights and entitlements, particularly in relation to redundancy payments and shift penalties. The Commission needed to determine if the agreement provided fair and reasonable terms and conditions for the employees and if it complied with all statutory requirements.

The Commission carefully reviewed the application and the submissions from both parties. It found that while the agreement contained provisions that were generally favourable to employees, certain sections did not meet the statutory requirements. Specifically, the union's concerns regarding redundancy payments and shift penalties were substantiated. However, the Commission also recognised the overall benefits the agreement offered to the employees, including improved wages and conditions. After considering all the evidence, the Commission determined that the agreement, with some modifications, could be approved as it was likely to result in a better overall outcome for the employees.

The Fair Work Commission ultimately approved the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2017, subject to certain amendments. The approved agreement ensures that employees are provided with fair and reasonable terms and conditions, while also meeting the statutory requirements of the Fair Work Act. The Commission's decision highlights the importance of balancing the interests of both employers and employees in enterprise agreements.

Brand Energy and Infrastructure Services (Gladstone) 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