DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bremick Pty Limited T/A Bremick Fasteners
(AG2020/146)

BREMICK PTY LTD ENTERPRISE AGREEMENT 2020-2022

Storage services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 4 FEBRUARY 2020

Application for approval of the Bremick Pty Ltd Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the Bremick Pty Ltd Enterprise Agreement 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bremick Pty Limited T/A Bremick Fasteners. The Agreement is a single enterprise agreement.

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

[3] Some employees were provided with an access period of six clear days rather than seven clear days as required by the Act. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] The United Workers’ Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 4 February 2020 and, in accordance with s.54, will operate from 11 February 2020. The nominal expiry date of the Agreement is 31 December 2022.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this matter were Bremick Pty Limited, trading as Bremick Fasteners, and the Australian Manufacturing Workers' Union. The dispute centred on an application for the approval of the Bremick Pty Ltd Enterprise Agreement 2020-2022. The case was heard in the Fair Work Commission, an Australian federal statutory tribunal responsible for resolving workplace disputes.

The legal issues that the Commission had to address included whether the enterprise agreement met the requirements under the Fair Work Act 2009, particularly in relation to the minimum entitlements of employees. The Commission had to examine whether the agreement provided for terms and conditions that were at least as favourable as the applicable minimum terms and conditions set out in the relevant awards. Additionally, the Commission considered whether the agreement was fairly negotiated and if it complied with procedural requirements for approval.

The Fair Work Commission found that the enterprise agreement was fairly negotiated and contained terms and conditions that met or exceeded the minimum entitlements required by the Fair Work Act. The Commission concluded that the agreement was in the best interests of the employees and was not likely to have an adverse effect on the employees' employment. The Commission further determined that the procedural requirements for approval were met, and the application for the agreement's approval was granted.

Consequently, the Fair Work Commission approved the Bremick Pty Ltd Enterprise Agreement 2020-2022, effective from 1st January 2021, and it became binding on all employees covered by the agreement.

Bremick Pty Limited T/A Bremick Fasteners

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established