DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bremco Metal Products Pty Ltd T/A Bremco Metal Products
(AG2018/6056)

BREMCO METAL PRODUCTS PTY LTD PRODUCTION, ADMINISTRATION AND SALES EMPLOYEES' ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 MARCH 2019

Application for approval of the Bremco Metal Products Pty Ltd Production, Administration and Sales Employees' Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Bremco Metal Products Pty Ltd Production, Administration and Sales Employees’ Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bremco Metal Products Pty Ltd T/A Bremco Metal Products. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] 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.

[4] I observe that clause 7.5.1 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.6 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.

[5] The Agreement was approved on 18 March 2019 and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 18 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Bremco Metal Products Pty Ltd, trading as Bremco Metal Products, applied for approval of the Production, Administration and Sales Employees' Enterprise Agreement 2018. The application was opposed by the Australian Manufacturing Workers' Union, which represented certain employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement and whether these met the statutory requirements for registration under the Fair Work Act 2009.

The legal issues before the Commission involved examining whether the agreement complied with the formal requirements for registration, such as the inclusion of the prescribed bargaining terms, and whether the agreement met the genuine bargain test. The Commission also needed to determine if the agreement contained any terms that contravened the Fair Work Act or the Fair Work Regulations 2009, and whether the agreement was in the best interests of the employees and the employer.

The Commission found that the agreement contained all the necessary prescribed bargaining terms and satisfied the formal requirements for registration. It held that the agreement was a genuine bargain, as it was the product of the parties' free and voluntary choice, without any undue influence or coercion. The Commission also concluded that the agreement did not include any terms that contravened the Fair Work Act or the Fair Work Regulations 2009, and that it was in the best interests of both the employees and the employer. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Production, Administration and Sales Employees' Enterprise Agreement 2018, dismissing the opposition from the Australian Manufacturing Workers' Union. The agreement was registered, effective from the date of the decision, ensuring that it would govern the terms and conditions of employment for the relevant employees.

Bremco Metal Products Pty Ltd T/A Bremco Metal Products

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established