DECISION

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

Brand Energy & Infrastructure Services (Gladstone) Pty Ltd
(AG2019/498)

BRAND ENERGY AND INFRASTRUCTURE SERVICES GLADSTONE AGREEMENT 2019-2023

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 29 JULY 2019

Application for approval of the Brand Energy & Infrastructure Services Gladstone Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Brand Energy & Infrastructure Services Gladstone Agreement 2019 - 2023 (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 Service (Gladstone) Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be terms of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 August 2019. The nominal expiry date of the Agreement is 29 July 2023.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved Brand Energy & Infrastructure Services (Gladstone) Pty Ltd and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the application for the approval of the Brand Energy & Infrastructure Services Gladstone Agreement 2019 - 2023. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained all the mandatory terms as required by section 234 of the Act, and whether it complied with the provisions of section 235, which relates to good faith bargaining. The Commission also had to consider whether the agreement would result in employees being worse off overall than under their previous agreement or awards.

In its decision, the Commission found that the agreement did indeed include all the mandatory terms specified in section 234 of the Act. The Commission further determined that the bargaining process had been conducted in good faith, in accordance with section 235. The Commission also concluded that the agreement did not result in employees being worse off overall, as it provided for improvements in various areas such as leave provisions, penalty rates, and shift differentials. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Brand Energy & Infrastructure Services Gladstone Agreement 2019 - 2023, finding it met all statutory requirements and was the product of good faith bargaining. The Commission also determined that the agreement did not result in employees being worse off overall, thereby upholding the interests of both the employer and the employees.

Brand Energy & 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