DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breathe Fresh Australia Pty Ltd T/A Breathe Fresh Australia Pty Ltd
(AG2018/5399)

BREATHE FRESH AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MARCH 2019

Application for approval of the Breathe Fresh Australia Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Breathe Fresh Australia Pty Ltd Enterprise 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 Breathe Fresh Australia Pty Ltd T/A Breathe Fresh Australia Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The National Union of Workers 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 March 2019 and, in accordance with s.54, will operate from 11 March 2019. The nominal expiry date of the Agreement is 3 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of Breathe Fresh Australia Pty Ltd T/A Breathe Fresh Australia Pty Ltd involved an application for the approval of the company's Enterprise Agreement 2018. The application was brought before the Fair Work Commission, Australia's independent statutory body responsible for resolving workplace disputes and promoting fair work practices. The dispute centred around whether the agreement met the statutory requirements for approval and whether it complied with the Fair Work Act 2009.

The primary legal issue the Commission needed to decide was whether the Enterprise Agreement 2018 adhered to the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to ascertain if the agreement was genuinely negotiated and whether it provided for fair terms and conditions of employment. The application also required scrutiny of whether the agreement provided for the appropriate process for resolving disputes and whether it was consistent with the national minimum safety net.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, including submissions and the negotiation process documented. The Commission determined that the Enterprise Agreement 2018 was genuinely negotiated and contained fair terms and conditions that complied with the national safety net. The Commission found that the agreement provided adequate processes for resolving disputes and was consistent with the requirements of the Fair Work Act. Consequently, the Commission approved the agreement.

The final orders included the approval of the Breathe Fresh Australia Pty Ltd Enterprise Agreement 2018, which was to be registered with the Fair Work Commission. The approval ensures that the agreement will provide the basis for the terms and conditions of employment for the relevant employees within the company, subject to the ongoing obligations under the Fair Work Act.

Breathe Fresh Australia Pty Ltd T/A Breathe Fresh Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established