BRB Modular Pty ltd T/A Fleetwood Summary

[2014] FWCA 7902

FAIR WORK COMMISSION

DECISION

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

BRB Modular Pty ltd T/A Fleetwood
(AG2014/9284)

FLEETWOOD QUEENSLAND COLLECTIVE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 13 NOVEMBER 2014

Application for approval of the Fleetwood Queensland Collective Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 8 October 2014 by BRB Modular Pty ltd T/A Fleetwood for the approval of a single-enterprise agreement known as the Fleetwood Queensland Collective Agreement 2014(“the 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 Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BRB Modular Pty Ltd, trading as Fleetwood, applied for approval of the Fleetwood Queensland Collective Agreement 2014. The applicant sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose as a result of negotiations between the employer and the union representing the employees. The primary legal issues before the Commission were whether the agreement was made in good faith and whether it contained the mandated minimum terms and conditions of employment. Additionally, the Commission needed to determine whether the agreement was fair and whether it complied with the requirements of the Fair Work Act.

The Commission examined the evidence presented by both parties and considered the principles established in previous cases. It was established that the agreement was negotiated in good faith, as the parties engaged in a genuine process of bargaining and reached an agreement without coercion. The Commission also found that the agreement contained all the mandated minimum terms and conditions of employment, ensuring that the employees were adequately protected. Furthermore, the agreement was deemed to be fair, as it balanced the interests of both the employer and the employees. The Commission concluded that the agreement complied with the requirements of the Fair Work Act.

Based on the findings, the Fair Work Commission approved the Fleetwood Queensland Collective Agreement 2014. The approval ensures that the agreement will be a registered agreement under the Fair Work Act, providing legal certainty and protection for both the employer and the employees. This decision highlights the importance of good faith negotiations and the need for collective agreements to meet the requirements of the Fair Work Act to be approved by the Commission.

BRB Modular Pty ltd T/A Fleetwood

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established