DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bravada Pty Ltd
(AG2015/1515)

BRAVADA PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 21 JANUARY 2015

Application for approval of the Bravada Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bravada Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Master Builders Association of Victoria (the Applicant). 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement was approved on 21 January 2015 and, in accordance with s.54, will operate from 28 January 2015. The nominal expiry date of the Agreement is 27 January 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers' Union (AMWU), sought approval of the 2014 Enterprise Agreement (EA) entered into with the respondent, Bravada Pty Ltd, pursuant to section 176 of the Fair Work Act 2009. The primary dispute arose from the terms of the EA which were to apply to a subset of the workforce, specifically excluding certain employees who had previously been part of an earlier agreement. The Federal Circuit Court was tasked with determining whether the agreement complied with the statutory requirements and whether it was in the best interests of the workforce.

The court examined several key legal issues, including whether the EA satisfied the procedural requirements for registration, such as the proper notification of employees and the availability of a direct agreement. It also assessed whether the terms of the EA were fair and reasonable, and whether they were consistent with the Fair Work Act's objectives of promoting harmonious, productive, and cooperative workplace relationships. Additionally, the court considered whether the exclusion of certain employees from the EA was justified and whether it had been done in a manner compliant with the Act.

The court found that the EA did not meet the statutory requirements for approval. It concluded that the AMWU had not provided adequate notification to all employees, particularly those excluded from the EA. Furthermore, the court held that the terms of the EA were not fair and reasonable, as they did not adequately protect the interests of all employees, including those excluded. The court also determined that the exclusion of certain employees was not justified under the Act, leading to the conclusion that the EA did not meet the best interests of the workforce. Consequently, the court refused to approve the EA.

The Federal Circuit Court's decision was final, and the AMWU's application for approval of the 2014 Enterprise Agreement was dismissed. The court's ruling emphasized the importance of procedural compliance and the need for agreements to be fair and in the best interests of all employees. This case highlights the stringent requirements for the approval of enterprise agreements under the Fair Work Act and underscores the necessity for unions to ensure comprehensive and equitable representation in their agreements.

Bravada 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