Breezway Australia Pty Ltd

[2013] FWCA 6995

FAIR WORK COMMISSION

DECISION

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

Breezway Australia Pty Ltd
(AG2013/8729)

BREEZWAY AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 17 SEPTEMBER 2013

Application for approval of the Breezway Australia Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Breezway Australia Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 24 September 2013. The nominal expiry date of the Agreement is 24 September 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Breezway Australia Pty Ltd Enterprise Agreement 2013. Breezway Australia Pty Ltd, the applicant, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The agreement had been negotiated between the company and the relevant union, aiming to regulate the terms and conditions of employment for the workers covered by the agreement.

The legal issues at the heart of this application centred on whether the agreement met the necessary requirements set out in the Fair Work Act for it to be registered. Specifically, the Commission had to determine if the agreement had been made in good faith, if it provided for the proper classification of employees, and if it contained terms that complied with the safety net of minimum entitlements. The Commission also had to consider whether the agreement was made without coercion, duress, or unfair labour practices and whether it complied with the prescribed process for the negotiation of enterprise agreements.

The Commission found that the agreement was made in good faith and without any undue pressure or unfair practices. It was determined that the agreement provided for the proper classification of employees and contained terms that were compliant with the safety net of minimum entitlements. The Commission also concluded that the negotiation process adhered to the requirements of the Fair Work Act. After considering all the evidence and submissions, the Commission was satisfied that the agreement fulfilled all the statutory criteria for registration. Consequently, the application for approval of the Breezway Australia Pty Ltd Enterprise Agreement 2013 was approved.

In approving the agreement, the Fair Work Commission directed that the Enterprise Agreement 2013 be registered, effective from the date of the approval. This decision ensures that the terms and conditions of employment outlined in the agreement are legally binding on the parties involved, providing a framework for the employment relationship moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established