DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breezway Australia Pty Ltd
(AG2019/4300)

BREEZWAY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 12 DECEMBER 2019

Application for approval of the Breezway Australia Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Breezway Australia Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breezway 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. The undertakings are taken to be a term of 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] 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 is approved and, in accordance with s.54 of the Act, will operate from 19 December 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Breezway Australia Pty Ltd and its employees, seeking approval for the Enterprise Agreement 2019. The company applied for the agreement to be certified as compliant with the Fair Work Act 2009. The primary issue for the Commission was to determine whether the agreement met the necessary criteria for approval, particularly focusing on the procedural fairness in the agreement's development and its compliance with the Act. The Commission had to assess whether the agreement was made in good faith and whether it contained the required minimum terms and conditions of employment.

The Fair Work Commission considered several aspects of the agreement, including the process by which it was negotiated and whether the employees had an opportunity to participate meaningfully in the negotiation. The Commission examined if the agreement provided for minimum pay rates, entitlements, and conditions that were no less favourable than the applicable award or registered agreement. Additionally, the Commission scrutinised whether there were any terms that might unfairly disadvantage employees.

The Commission concluded that the agreement was appropriately negotiated in good faith and that it contained the requisite minimum terms and conditions. The process was deemed fair, with adequate representation and opportunity for employee input. The agreement was certified as meeting the necessary statutory criteria, ensuring it was compliant with the Fair Work Act. The Commission approved the Enterprise Agreement 2019, allowing it to come into effect.

Breezway 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