Bremick Pty Ltd Australia T/A Bremick Fasteners Summary

[2014] FWCA 5501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Bremick Pty Ltd Australia T/A Bremick Fasteners
(AG2014/8510)

BREMICK PTY LTD ENTERPRISE AGREEMENT

Storage services
COMMISSIONER ROE	MELBOURNE, 12 AUGUST 2014

Application for approval of the Bremick Pty Ltd Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as theBremick Pty Ltd Enterprise Agreement (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 Ltd Australia T/A Bremick Fasteners (the Applicant). The agreement is a single-enterprise agreement.

[2] 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 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] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2014. The nominal expiry date of the Agreement is 1 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Bremick Pty Ltd Enterprise Agreement. The applicant, Bremick Pty Ltd, trading as Bremick Fasteners, sought approval for the agreement from the Commission. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represented the employees affected by the agreement. The nature of the dispute was centred around the terms and conditions outlined in the proposed enterprise agreement, which the union argued did not adequately protect the employees' interests.

The legal issues the Commission was required to decide centred on whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a "better off overall and in the round" (BOOT) agreement, if it was made in good faith, and whether it contained the necessary minimum terms and conditions. The Commission also needed to consider if the agreement was appropriately certified and if there was sufficient employee and employer representation during its negotiation.

In its decision, the Commission examined the evidence provided by both parties, including the negotiation process and the content of the agreement. The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. The Commission also determined that the agreement was "better off overall and in the round" for the employees, taking into account the overall benefits and detriments. After thorough consideration, the Commission approved the application and certified the Bremick Pty Ltd Enterprise Agreement.

The final orders of the Commission included the approval and certification of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the employees covered by the agreement. The decision was made in accordance with the Fair Work Act 2009 and the relevant regulations.

Bremick Pty Ltd Australia T/A Bremick Fasteners

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established