DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breezway Australia Pty Ltd
(AG2016/7836)

BREEZWAY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 6 MARCH 2017

Application for approval of the Breezway Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Breezway Australia Pty Ltd Enterprise Agreement 2016 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 6 March 2017 and, in accordance with s.54, will operate from 13 March 2017. The nominal expiry date of the Agreement is 18 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Breezway Australia Pty Ltd, sought approval of the Enterprise Agreement 2016 from the Fair Work Commission. The agreement was intended to apply to employees classified as either "Production Workers" or "Supervisors" within the company. The nature of the dispute involved the terms and conditions of employment, specifically those outlined in the proposed enterprise agreement, which the applicant sought to have recognised and enforced.

The legal issues before the court centred on the validity and enforceability of the Enterprise Agreement 2016. The applicant argued that the agreement was a genuine attempt to facilitate workplace harmony and improve working conditions, while also ensuring the company's operational efficiency. The court had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was fairly and genuinely negotiated and whether it provided for a safety net of minimum entitlements. Additionally, the court had to consider whether the agreement complied with the procedural requirements for its approval and registration.

The court examined the evidence presented by the applicant regarding the negotiation process and concluded that the agreement was indeed the product of genuine negotiations. The terms of the agreement were found to be fair and reasonable, providing adequate protections for employees while allowing for operational flexibility for the employer. The court also confirmed that the agreement satisfied all procedural requirements for its approval and registration. Consequently, the court approved the Enterprise Agreement 2016, finding it to be in compliance with the relevant legislative provisions.

The final orders of the court were that the Enterprise Agreement 2016 be approved and registered. This decision was based on the court's findings that the agreement was genuinely negotiated, fair, and met all statutory requirements. The approval of the agreement was intended to facilitate harmonious industrial relations between Breezway Australia Pty Ltd and its employees.

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