DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brennan Family Trust T/A Brennan Contracting
(AG2014/9885)

BRENNAN CONTRACTING VEGETATION ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 10 DECEMBER 2014

Application for approval of the Brennan Contracting Vegetation Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Brennan Contracting Vegetation Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brennan Family Trust T/A Brennan Contracting. 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.

[3] 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.

[4] The Agreement was approved on 10 December 2014 and, in accordance with s.54, will operate from 17 December 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Brennan Family Trust, trading as Brennan Contracting, which applied to the Fair Work Commission for approval of the Vegetation Enterprise Agreement 2014-2016. The application was made under section 231 of the Fair Work Act 2009, seeking to have the agreement registered as a certified agreement. The Fair Work Commission is a federal statutory tribunal with jurisdiction over employment relations and workplace matters in Australia.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act for it to be certified and thus approved as a registered agreement. This involved examining whether the agreement had been made in accordance with the provisions of the Act, including whether it had been made without the influence of any improper conduct and whether it complied with the good faith bargaining obligations. Furthermore, the Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, including whether it provided for procedural fairness in its dispute resolution mechanisms.

The Commission found that the agreement had been made in good faith and without any improper influence. It was also determined that the agreement contained terms and conditions that were fair and reasonable. The dispute resolution mechanisms were found to be procedurally fair, providing for an opportunity to be heard and for the parties to present their case. The Commission was satisfied that the agreement met all the statutory requirements for registration. Consequently, the application for approval of the Vegetation Enterprise Agreement 2014-2016 was approved, and the agreement was registered as a certified agreement.

Brennan Family Trust T/A Brennan Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established