Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd

[2017] FWCA 4744

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd

(AG2017/2566)

Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd Enterprise Agreement 2017

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 12 SEPTEMBER 2017

Application for approval of the Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2017. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Brefni Contracting Pty Ltd and Brefni Maintenance Pty Ltd sought approval of their Enterprise Agreement 2017. The applicants argued that the agreement contained appropriate terms and conditions for their employees. The dispute was primarily centred on whether the terms of the agreement complied with the relevant legislative requirements and if it was fair and reasonable in all its aspects.

The central legal issues for the court to determine were whether the agreement met the statutory criteria for approval, specifically if it contained the mandatory terms set out in the Fair Work Act 2009 and if it was procedurally fair. Additionally, the court had to consider whether the agreement provided a safety net for employees by ensuring minimum wages and conditions were not undermined.

The commission examined the application and found that the agreement contained all the mandatory terms as required by the Fair Work Act. The commission also found that the agreement was procedurally fair, having been negotiated in good faith and with proper consultation. Furthermore, the commission determined that the agreement provided a safety net for employees, ensuring their minimum wages and conditions were protected. As such, the commission approved the Enterprise Agreement 2017.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established