| [2023] FWCA 1661 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Brennans Quarries Pty Ltd T/A Brennans Quarries Pty Ltd, Denrith Pty Ltd T/A Denrith Pty Ltd
(AG2023/1398)
DENRITH ADMINISTRATION ENTERPRISE AGREEMENT 2022
| Clerical industry | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 7 JUNE 2023 |
Application for approval of the Denrith Administration Enterprise Agreement 2022
An application has been made for approval of an enterprise agreement known as the Denrith Administration Enterprise Agreement 2022 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Denrith Pty Ltd and Brennans Quarries Pty Ltd (the Applicants). The Agreement is a multi-enterprise agreement made by two different entities covering a number of related entities namely Denrith Pty Ltd ABN 46 060 434 871 and Brennan’s Earthmoving Pty Ltd ABN 85 660 242 482.
The Applicant has provided written undertakings. 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.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting the undertakings provided, and on the basis of the materials before the Commission, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 6 June 2027.
DEPUTY PRESIDENT
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- AGLC
- Brennans Quarries Pty Ltd T/A Brennans Quarries Pty Ltd, Denrith Pty Ltd T/A Denrith Pty Ltd [2023] FWCA 1661
- Case
- [2023] FWCA 1661
- Decision Date
CaseChat Overview and Summary
The primary legal issues addressed by the Commission were whether the proposed agreement satisfied the criteria for a "simple" enterprise agreement, and if it was in compliance with the requirements for registration under the Fair Work Act. This included assessing whether the agreement had been fairly negotiated, was free from coercive conduct, and did not negatively impact the availability or adequacy of dispute resolution mechanisms. Additionally, the Commission considered whether the agreement contained terms and conditions that were not less favourable than the relevant awards or other industrial instruments.
In evaluating the application, the Commission examined the evidence presented regarding the negotiation process and the content of the agreement. It was determined that the agreement had been fairly negotiated and was free from any coercive conduct. The Commission found that the agreement contained terms and conditions that were not less favourable than the relevant awards or other industrial instruments and met the criteria for a "simple" enterprise agreement. Consequently, the Commission approved the Denrith Administration Enterprise Agreement 2022 for registration.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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