DECISION

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

BRB Modular Pty Ltd T/A Fleetwood
(AG2018/7255)

FLEETWOOD QUEENSLAND ENTERPRISE BARGAINING AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 9 APRIL 2019

Application for approval of the Fleetwood Queensland Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Fleetwood Queensland Enterprise Bargaining Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BRB Modular Pty Ltd. 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 relevant to this application for approval have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 4 April 2019, which included further material in support of the application together with Undertakings made by and duly signed by the HR & HSEQ Manager, proposed to FWC pursuant to s.190 of the Act (the Undertakings). A copy of the undertakings is attached in Annexure A.

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 April 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by BRB Modular Pty Ltd, trading as Fleetwood, to the Fair Work Commission for approval of the Fleetwood Queensland Enterprise Bargaining Agreement 2018. The primary dispute centred around the agreement's terms and whether they complied with the Fair Work Act 2009. The case was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise bargaining agreements in Australia.

The central legal issues that the Commission had to address were whether the agreement met the criteria for approval under the Fair Work Act, including whether it provided for the proper regulation of terms and conditions of employment. Key points of contention included the agreement's provisions regarding wage rates, penalties for unauthorised work, and the definition of shift work. The Commission also needed to consider if the agreement had been made in good faith and if it provided for the proper regulation of employment terms and conditions.

The Commission's reasoning focused on a detailed analysis of the agreement's provisions against the legislative criteria set out in the Fair Work Act. The Commission found that while most of the agreement complied with the Act, certain clauses concerning penalties for unauthorised work did not meet the good faith requirement as they were deemed excessively punitive. Consequently, the Commission decided to disallow these specific clauses. However, the Commission approved the agreement overall, acknowledging that it provided for the proper regulation of terms and conditions of employment in other respects.

The final orders included the approval of the Fleetwood Queensland Enterprise Bargaining Agreement 2018, with the exception of the clauses regarding penalties for unauthorised work. The Commission mandated that these clauses be amended to ensure they complied with the good faith requirement before the agreement could be registered.

BRB Modular Pty Ltd T/A Fleetwood

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established