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

Printed by authority of the Commonwealth Government Printer

Annexure A

1 AE404610

The applicants, Brenco Aerospace Pty Ltd T/A Brenco Surface Engineering and Brenco Aerospace, sought approval of a collective bargaining workshop agreement from the Fair Work Commission. The Australian Manufacturing Workers' Union (AMWU) was also a party to the application. The dispute centred on whether the proposed collective agreement was in the best interests of the employees and the operation of the business. The Fair Work Commission was the court in which this matter was heard.

The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it was in the best interests of the employees and the business. The Commission had to consider if the agreement provided fair and reasonable terms and conditions of employment and whether it would benefit the employees and the business.

The Commission found that the proposed agreement met the statutory requirements and was in the best interests of the employees and the business. The agreement provided fair and reasonable terms and conditions of employment, and the Commission was satisfied that it would benefit the employees and the business. The Commission noted that the agreement had been negotiated in good faith and that the parties had made significant efforts to reach a mutually beneficial outcome.

The Fair Work Commission approved the AMWU and Brenco Surface Engineering & Brenco Aerospace P/L Collective Bargaining Workshop Agreement 2018-2021. The Commission found that the agreement met the statutory requirements and was in the best interests of the employees and the business. The agreement was approved on the terms and conditions set out in the application and any attached documents.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established