DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brand Energy & Infrastructure Services (Hunter Valley) Pty Ltd
(AG2015/5441)

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

Manufacturing and associated industries
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 23 SEPTEMBER 2015

Application for approval of the Brand Energy & Infrastructure Services (Hunter Valley) 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 (Hunter Valley) 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 (Hunter Valley) 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 30 September 2015. The nominal expiry date of the Agreement is 30 September 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Brand Energy & Infrastructure Services (Hunter Valley) Pty Ltd sought approval for the Brand Energy & Infrastructure Services (Hunter Valley) Pty Ltd All Sites Enterprise Agreement 2015. The dispute centred around whether the enterprise agreement complied with the Fair Work Act 2009, particularly in terms of its provisions on pay rates and conditions for employees.

The key legal issues before the Commission were whether the agreement was a "single interesting" agreement as required by section 233 of the Act, if the agreement met the "better off overall test" under section 235, and if the agreement contained all the necessary "protected action provisions" under section 236. The Commission also had to determine whether the agreement appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission found that the agreement was a "single interesting" agreement, as it covered all employees at the Hunter Valley site and was not part of a broader agreement covering multiple sites. The Commission was satisfied that the better off overall test was met, as the agreement provided employees with benefits that were at least as good as those under the applicable awards. Additionally, the agreement included all necessary protected action provisions, ensuring that employees were not disadvantaged for engaging in protected industrial action. Consequently, the Commission approved the agreement, finding it to be fair and balanced.

Brand Energy & Infrastructure Services (Hunter Valley) 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