Breight Pty Ltd T/A Breight Group

[2025] FWCA 1764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Breight Pty Ltd T/A Breight Group

(AG2025/1333)

BG MAINTENANCE ENTERPRISE AGREEMENT 2024

Mining industry
COMMISSIONER LIM	PERTH, 28 MAY 2025

Application for approval of the BG Maintenance Enterprise Agreement 2024.

Breight Pty Ltd trading as Breight Group (the Applicant) has made an application for the approval of an enterprise agreement known as the BG Maintenance Enterprise Agreement 2024 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s 586(b) of the Act.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 28 May 2025 and, in accordance with s 54, will operate from 4 June 2025. The nominal expiry date of the Agreement is 28 May 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved Breight Pty Ltd, trading as Breight Group, which sought approval of the BG Maintenance Enterprise Agreement 2024. The applicant aimed to have the agreement recognised under the Fair Work Act 2009, and the dispute centred on whether the agreement met the legal requirements for being a lawful and fair enterprise agreement. The commission was tasked with assessing the agreement to determine if it complied with the provisions of the act, including the requirement for the agreement to provide for fair and reasonable terms and conditions of employment.

The primary legal issues the commission had to address were whether the agreement was genuinely negotiated and whether it included all the mandated terms and conditions. The commission needed to ensure that the agreement was not only a product of genuine bargaining between the employer and the employees but also that it provided for fair and reasonable terms that complied with the minimum standards set out in the Fair Work Act. Furthermore, the commission needed to confirm that the agreement did not disadvantage employees and that it included essential terms such as minimum wages, leave entitlements, and dispute resolution mechanisms.

The commission found that the agreement was the result of genuine negotiations between Breight Pty Ltd and the employees' representatives. It was determined that the agreement covered all required terms and conditions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The commission concluded that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not disadvantage the employees. As such, the commission approved the BG Maintenance Enterprise Agreement 2024, recognising it as a lawful and fair enterprise agreement under the Fair Work Act 2009.

The final orders of the commission were that the BG Maintenance Enterprise Agreement 2024 be approved and recognised as a lawful and fair enterprise agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would apply to the employees of Breight Pty Ltd, trading as Breight Group, from the date of the commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established