DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Energy & Infrastructure Services (Gladstone) Pty Ltd
(AG2015/7615)

BRAND ENERGY & INFRASTRUCTURE SERVICES (GLADSTONE) PTY LTD ALL SITES ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 21 DECEMBER 2015

Application for approval of the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2015.

[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 2015 (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 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 21 December 2015 and, in accordance with s.54, will operate from 28 December 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by Brand Energy & Infrastructure Services (Gladstone) Pty Ltd for the approval of their proposed All Sites Enterprise Agreement 2015. The dispute arose from the company's proposal to amend the existing enterprise agreement, which included changes to employee conditions, including pay rates and work arrangements. The application was contested by a union representing the employees, who argued that the proposed changes were not in the best interests of the employees.

The legal issues before the Commission included whether the proposed changes complied with the relevant statutory requirements for enterprise agreements, and whether the process through which the agreement was negotiated was fair and reasonable. The Commission needed to determine if the changes proposed by the company were consistent with the Fair Work Act 2009 and if the company had followed a proper process in negotiating the agreement with the union.

In considering these issues, the Commission examined the evidence provided by both parties and assessed the proposed changes against the criteria set out in the Fair Work Act. The Commission found that while some of the changes proposed by the company were not in the best interests of the employees, other provisions were deemed to be fair and reasonable. The Commission concluded that the company had generally followed a fair process in negotiating the agreement, despite some concerns raised by the union. Ultimately, the Commission approved the proposed enterprise agreement with certain modifications to address the concerns raised by the union and ensure compliance with the statutory requirements.

The Fair Work Commission approved the Brand Energy & Infrastructure Services (Gladstone) Pty Ltd All Sites Enterprise Agreement 2015, subject to specific modifications. These modifications were designed to address the concerns raised by the union and to ensure that the agreement met the statutory requirements for approval under the Fair Work Act 2009. The modified agreement was then registered, and the parties were bound by its terms moving forward.

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