DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bremick Pty Ltd Australia T/A Bremick Fasteners
(AG2017/2009)

BREMICK PTY LTD ENTERPRISE AGREEMENT 2017-2019

Storage services
COMMISSIONER MCKINNON	MELBOURNE, 20 JULY 2017

Application for approval of the Bremick Pty Ltd Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bremick Pty Ltd Enterprise Agreement 2017-2019 (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 Agreement is a single enterprise agreement.

[2] The Applicant 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] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The National Union of Workers 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2017. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Bremick Pty Ltd Australia trading as Bremick Fasteners, the Fair Work Commission was asked to approve an enterprise agreement. The agreement was made between the company and its employees represented by the Electrical Trades Union of Australia. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the standards for procedural fairness.

The legal issues before the Commission included whether the agreement provided for the prescribed minimum entitlements and whether there were procedural issues in the negotiation and execution of the agreement. The Commission had to examine the terms of the agreement to ensure they aligned with the statutory minimum entitlements and assess the process by which the agreement was negotiated to confirm it met procedural fairness requirements.

The Commission found that the agreement contained all the necessary prescribed minimum entitlements as stipulated by the Fair Work Act. Furthermore, it concluded that the negotiation process was fair and that the agreement was made in good faith. The Commission was satisfied that the agreement was fair and appropriate, taking into account the context in which it was made. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Bremick Pty Ltd Enterprise Agreement 2017-2019, effective from the date of the decision. The decision was made on the basis that the agreement complied with all statutory requirements and met the standards of procedural fairness. The approval was subject to the agreement being registered with the Fair Work Commission.

Bremick Pty Ltd Australia 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