Breezewater Pty Ltd

[2013] FWCA 500

FAIR WORK COMMISSION

DECISION

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

Breezewater Pty Ltd
(AG2012/14209)

BREEZEWATER PTY LTD ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
COMMISSIONER BOOTH	BRISBANE, 23 JANUARY 2013

Application for approval of the Breezewater Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Breezewater Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Breezewater Pty Ltd.

[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, in accordance with s.54 of the Act, will operate from 30 January 2013. The nominal expiry date of the Agreement is 13 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Breezewater Pty Ltd applied for the approval of the Breezewater Pty Ltd Enterprise Agreement 2012. The applicant, a registered company, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union, which represented the employees.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Act, specifically concerning the process through which it was made. The Commission had to determine whether the agreement was genuinely negotiated and whether the requisite steps were followed to ensure it was not made under duress or coercion. Furthermore, the Commission needed to consider if the agreement provided for fair and reasonable terms and conditions for the employees.

The Commission found that the agreement was genuinely negotiated and complied with all the statutory requirements. The process was transparent, and the necessary steps were followed. The Commission determined that the agreement was not made under any duress or coercion and that it provided for fair and reasonable terms and conditions for the employees. Consequently, the Commission approved the Breezewater Pty Ltd Enterprise Agreement 2012.

The Commission's decision was final and binding, with no further appeal possible. The approved enterprise agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees until it was replaced by a new agreement or terminated in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established