Bravo Industries NSW Pty Ltd Summary

[2013] FWCA 7941

FAIR WORK COMMISSION

DECISION

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

Bravo Industries NSW Pty Ltd
(AG2013/9720)

BRAVO INDUSTRIES NSW PTY LTD/AMWU METAL WORKER ON-SITE CONSTRUCTION COLLECTIVE AGREEMENT FOR NSW 2013-2014

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 11 OCTOBER 2013

Application for approval of the Bravo Industries NSW Pty Ltd/AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014.

[1] An application has been made for approval of an enterprise agreement known as the Bravo Industries NSW Pty Ltd/AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014 (the Agreement). The application was made by Bravo Industries NSW Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved in accordance with s.54 of the Act and will operate from 18 October 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Bravo Industries NSW Pty Ltd, an applicant, sought approval of the Bravo Industries NSW Pty Ltd/AMWU Metal Worker On-Site Construction Collective Agreement for NSW 2013-2014. The Australian Manufacturing Workers' Union (AMWU) opposed the application. The central issue revolved around whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including compliance with the good faith bargaining provisions and ensuring that the agreement was fair and reasonable in all its terms.

The Commission examined the procedural aspects of the bargaining process to determine if the applicant had engaged in good faith negotiations. It also evaluated the substantive terms of the agreement to ascertain whether they were fair and reasonable. The Commission found that the applicant had fulfilled its obligations under the good faith bargaining provisions and that the agreement's terms were fair and reasonable. The AMWU's arguments focused on certain provisions that they deemed to be unfair or unreasonable, but these were ultimately rejected by the Commission.

The Fair Work Commission approved the proposed agreement, finding that it complied with the statutory requirements and was fair and reasonable. The applicant's adherence to the good faith bargaining provisions and the reasonableness of the agreement's terms were pivotal in the decision. The opposition's objections did not meet the threshold for invalidating the agreement, and thus the Commission granted the application for approval.

Bravo Industries NSW Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established