DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bravada Pty Ltd
(AG2017/2712)

BRAVADA PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2017

Application for approval of the Bravada Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Bravada Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bravada 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 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 25 October 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bravada Pty Ltd sought approval for the Bravada Pty Ltd Enterprise Agreement 2017. The dispute involved the terms and conditions of employment for the workers within the enterprise agreement. The Commission was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval, including whether it provided for the minimum terms and conditions as per the Fair Work Act and whether it had been made in good faith and without coercion.

The Commission examined the agreement to ensure it covered all the minimum terms and conditions set out in the Fair Work Act, including provisions for minimum wages, penalties, hours of work, leave entitlements, and other essential conditions of employment. The Commission also assessed whether the agreement was made in good faith and without coercion, considering the process by which the agreement was negotiated and the circumstances surrounding its creation. The employer argued that the agreement had been negotiated fairly and in good faith, while the employees' representative contended that certain terms were unfair and had been imposed without adequate consultation.

After reviewing the evidence and submissions, the Commission concluded that the agreement largely met the statutory requirements for approval. The Commission found that while some terms could be improved to better align with the principles of fairness and good faith, the overall agreement provided for the minimum terms and conditions as required by law. The Commission approved the agreement, subject to certain modifications to address the identified issues, ensuring that it would operate in a fair and balanced manner for both the employer and the employees. The final orders included the approval of the enterprise agreement with specific amendments to certain provisions to ensure compliance with the Fair Work Act and to protect the interests of the employees.

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