Bravada Pty Ltd T/A Bravada Waterproofing

[2021] FWCA 6786

FAIR WORK COMMISSION

DECISION

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

Bravada Pty Ltd T/A Bravada Waterproofing
(AG2021/8361)

BRAVADA PTY LTD ENTERPRISE AGREEMENT 2021

Building, metal and civil construction industries
COMMISSIONER MIRABELLA	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the Bravada Pty Ltd Enterprise Agreement 2021.

[1] Bravada Pty Ltd T/A Bravada Waterproofing has made an application for approval of an enterprise agreement known as the Bravada Pty Ltd Enterprise Agreement 2021 (the Agreement) pursuant to s. 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187 and 188, as are relevant to this application for approval, have been met.

[3] The Agreement was approved on 22 November 2021 and, in accordance with s. 54, will operate from 29 November 2021. The nominal expiry date of the Agreement is 22 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Bravada Pty Ltd, trading as Bravada Waterproofing, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute was regarding the application for approval of the Bravada Pty Ltd Enterprise Agreement 2021. The matter was heard in the Fair Work Commission of Australia. The legal issues that the court needed to resolve included whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly whether it provided for the minimum entitlements of employees and whether it was free from prohibited content.

The court examined the provisions of the enterprise agreement to ensure they met the legislative requirements. It was determined that the agreement provided for minimum entitlements in line with the Fair Work Act. Additionally, the court found that the agreement did not contain any prohibited content and was therefore valid. The court approved the enterprise agreement, recognising it as meeting the necessary standards and requirements for industrial instruments under the Act.

The final orders of the court were that the Bravada Pty Ltd Enterprise Agreement 2021 was approved and registered under the Fair Work Act 2009. The agreement was deemed to be compliant with the legal requirements and was therefore valid and binding upon the parties involved. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of the agreement were in line with the relevant industrial legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established