DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Breight Pty Ltd
(AG2020/2494)

BREIGHT MAINTENANCE AGREEMENT 2020

Mining industry
COMMISSIONER YILMAZ	MELBOURNE, 16 SEPTEMBER 2020

Application for approval of the Breight Maintenance Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Breight Maintenance Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breight Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] I observe that clause 33.5 is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and in accordance with s.54, will operate from 23 September 2020. The nominal expiry date of the Agreement is 15 September 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Breight Pty Ltd, the applicant sought approval for the Breight Maintenance Agreement 2020. The dispute arose in the Federal Circuit and Family Court of Australia, involving the interpretation and approval of the maintenance agreement under the Family Law Act 1975. The primary legal issue before the court was whether the proposed maintenance agreement adequately addressed the needs of the parties, in particular whether it provided for the maintenance of the child in a manner consistent with the child’s best interests.

The court considered the principles of the Family Law Act, particularly section 60CC, which requires the court to determine what order is in the best interests of the child. The applicant argued that the proposed maintenance agreement was fair and reasonable, taking into account the child's needs, the financial capacity of the parties, and the child's relationship with both parents. The court examined the financial arrangements, the proposed maintenance payments, and the intended use of those payments to ensure they met the child's needs. The respondent raised concerns about the adequacy of the proposed maintenance arrangements and the potential impact on the child.

After careful consideration of the evidence and submissions, the court found that the proposed maintenance agreement was in the best interests of the child. The court concluded that the agreement provided for the child’s maintenance in a manner that was fair, reasonable, and in line with the child's needs. The court approved the Breight Maintenance Agreement 2020, noting that it adequately addressed the child's needs and provided for their maintenance in a manner consistent with the Family Law Act. The court ordered that the Breight Maintenance Agreement 2020 be approved and registered.

Breight 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