DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BRB Modular T/A Fleetwood Australia
(AG2018/6976)

BRB MODULAR T/AS FLEETWOOD (SOUTH) ENTERPRISE BARGAINING AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 MAY 2019

Application for approval of the BRB Modular t/as Fleetwood (South) Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BRB Modular t/as Fleetwood (South) 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 T/A Fleetwood Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of BRB Modular trading as Fleetwood Australia, the Fair Work Commission was tasked with determining the approval of the BRB Modular t/as Fleetwood (South) Enterprise Bargaining Agreement 2018. The application was made by BRB Modular, and the Australian Council of Trade Unions (ACTU) intervened in the proceedings. The primary dispute centred on whether the proposed agreement met the requirements under the Fair Work Act 2009 for enterprise agreements to be considered "unregistered." The application was brought before the Commission to assess the fairness and compliance of the agreement with the relevant legislative standards.

The legal issues before the Commission included whether the agreement was appropriately negotiated and whether it provided for the minimum entitlements as outlined in the Fair Work Act. The Commission also had to consider if the agreement was free from any improper influence or coercion and if it adequately addressed the interests of both the employer and the employees. Furthermore, the Commission evaluated whether the agreement contained provisions that were contrary to public policy or had any discriminatory effects.

The Commission carefully examined the negotiation process and the content of the agreement. It found that the agreement was appropriately negotiated and contained no provisions that were contrary to public policy. The Commission noted that the agreement provided for the minimum entitlements required by the Fair Work Act and that it was free from any improper influence or coercion. Additionally, the Commission determined that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Consequently, the Commission approved the BRB Modular t/as Fleetwood (South) Enterprise Bargaining Agreement 2018 as an unregistered enterprise agreement.

The Commission's final order was to approve the enterprise bargaining agreement as an unregistered agreement, effective from the date of the decision. This decision ensures that the agreement will provide a fair and balanced framework for the employer and employees, while also complying with the legislative requirements under the Fair Work Act.

BRB Modular T/A Fleetwood Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established