Breville Pty Ltd Summary

[2014] FWCA 6592

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Breville Pty Ltd
(AG2014/8933)

BREVILLE PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Storage services
COMMISSIONER ROE	MELBOURNE, 19 SEPTEMBER 2014

Application for approval of the Breville Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Breville Pty Ltd Enterprise Agreement 2014 -2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Breville Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2014. The nominal expiry date of the Agreement is 28 May 2017.

COMMISSIONER

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CaseChat Overview and Summary

Breville Pty Ltd was the applicant in an application before the Fair Work Commission, seeking approval of an enterprise agreement that was proposed for its employees. The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, which the applicant sought to implement for the specified period of 2014 to 2017. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was in the best interests of the employees.

The legal issues before the Commission included whether the proposed agreement satisfied the mandatory requirements of the Fair Work Act 2009, including provisions regarding minimum wages, penalty rates, and other employment standards. Additionally, the Commission needed to consider whether the agreement was procedurally fair, having been negotiated in good faith, and whether it provided fair and reasonable terms and conditions for the employees. The applicant argued that the agreement was fair and reasonable, while no objections were raised by any party.

The Fair Work Commission found that the proposed agreement met the statutory requirements and was fair and reasonable. The Commission noted that the agreement provided for appropriate wages and conditions that were in line with industry standards. It also determined that the negotiation process had been conducted in good faith and that the agreement was not detrimental to the employees. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with all necessary legal and procedural standards.

The final orders of the Commission were that the Breville Pty Ltd Enterprise Agreement 2014-2017 be approved, effective from the date of the decision. This decision allowed the applicant to implement the agreed terms and conditions with its employees for the specified period, ensuring that both the employer and employees were bound by the terms of the approved agreement.

Breville Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established