DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Energy & Infrastructure Services (Australia) Pty Ltd
(AG2016/3828)

BRAND ENERGY & INFRASTRUCTURE SERVICES (AUSTRALIA) PTY LTD BRISBANE YARD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 18 AUGUST 2016

Application for approval of the Brand Energy & Infrastructure Services (Australia) Pty Ltd Brisbane Yard Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brand Energy & Infrastructure Services (Australia) Pty Ltd Brisbane Yard Enterprise Agreement 2016 (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 & Infrastructure Services (Australia) 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 25 August 2016. The nominal expiry date of the Agreement is 2 July 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brand Energy & Infrastructure Services (Australia) Pty Ltd sought approval for the Brisbane Yard Enterprise Agreement 2016. The dispute centred on the specifics of the proposed agreement and whether it met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring the agreement did not undermine the safety, health, and welfare of employees, and that it was fairly negotiated and free from any improper influence.

The legal issues before the Commission included whether the agreement provided adequate protections for employees, including provisions for minimum rates of pay, leave entitlements, and other benefits. Additionally, the Commission had to consider whether the agreement adequately balanced the interests of both the employer and the employees. The Commission also examined if the agreement contained any terms that were contrary to public policy or that otherwise rendered the agreement unfair.

The Commission found that the agreement met all necessary criteria for approval. It determined that the agreement provided fair and reasonable terms and conditions for employees, including provisions for minimum rates of pay and leave entitlements. The Commission also noted that the agreement was negotiated in good faith and did not contain any terms that were contrary to public policy. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements and fair to both parties involved.

The Commission's decision was final, and the agreement was approved for implementation. The approval ensures that the terms and conditions outlined in the agreement will apply to the employees covered by it, providing a clear and legally binding framework for the employer and employees to follow.

Brand Energy & 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