Brenco Aerospace Pty Ltd T/A Brenco Surface Engineering and Brenco Aerospace

[2019] FWCA 5840

[2019] FWCA 5840

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brenco Aerospace Pty Ltd T/A Brenco Surface Engineering and Brenco Aerospace
(AG2019/2439)

AMWU AND BRENCO SURFACE ENGINERRING & BRENCO SURFACE ENGINEERING & BRENCO AIRSPACE P/L COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2018-2021

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2019

Application for approval of the AMWU and Brenco Surface Engineering & Brenco Aerospace P/L Collective Bargaining Workshop Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the AMWU and Brenco Surface Engineering & Brenco Aerospace P/L Collective Bargaining Workshop Agreement 2018-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brenco Aerospace Pty Ltd T/A Brenco Surface Engineering and Brenco Aerospace.

[2] The Agreement was lodged as a multi-enterprise agreement covering Brenco AerosSpace Pty Ltd and Brenco Surface Engineering Pty Ltd (the employers). The AMWU and Brenco Surface Engineering & Brenco Aerospace P/L Collective Bargaining Workshop Agreement 2013-2016, 1 which currently applies to employees covers the same two employers and was lodged as a single-enterprise Agreement. In the current application, the Applicant submits that the employers are “single interest employers” engaged in a common enterprise and has requested that the Fair Work Commission amend the application to indicate that the Agreement is a single enterprise agreement pursuant to s.586 of the Act. I am satisfied that the correction to the application should be made. The Agreement is a single enterprise agreement.

[3] 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.

[4] 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.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contained errors at clause 6.2. On 15 August 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2019. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

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Annexure A

 1   AE404610