DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRB Modular Pty Ltd T/A Fleetwood
(AG2015/7827)

BRB MODULAR (SOUTH) EMPLOYEE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the BRB Modular (South) Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BRB Modular (South) Employee Agreement 2015 (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 T/A Fleetwood. 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 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of BRB Modular Pty Ltd T/A Fleetwood, the Fair Work Commission was called upon to consider an application for the approval of the BRB Modular (South) Employee Agreement 2015. The applicant, BRB Modular Pty Ltd, sought approval for this enterprise agreement which pertains to its employees operating in the southern region. The dispute arose as the application needed to comply with the Fair Work Act 2009, ensuring the agreement met certain criteria for approval, including that it provided for fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the BRB Modular (South) Employee Agreement 2015 complied with the statutory requirements under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, as well as whether it adhered to the procedural requirements for its approval. The Commission also had to assess if the agreement provided adequate protections for employees and whether it aligned with the overarching objectives of the Fair Work Act.

The Commission's reasoning focused on a detailed analysis of the agreement's provisions, comparing them against the statutory benchmarks set out in the Fair Work Act. The Commission examined various aspects, including wages, working hours, leave entitlements, and other employment conditions. The Commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the procedural requirements for approval. The agreement was found to offer adequate protections for employees and aligned with the objectives of the Act. As a result, the Commission approved the BRB Modular (South) Employee Agreement 2015.

In approving the agreement, the Commission issued orders confirming the agreement's approval and directed that it be registered with the Fair Work Commission. The decision underscores the importance of enterprise agreements in providing fair and reasonable terms and conditions of employment while ensuring compliance with the statutory framework.

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