Brickwood (Dandenong) Pty Limited Summary

[2022] FWCA 1906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brickwood (Dandenong) Pty Limited

(AG2022/1532)

Brickwood Dandenong Enterprise Agreement 2022

Manufacturing and associated industries
COMMISSIONER MATHESON	SYDNEY, 9 JUNE 2022

Application for the approval of the Brickwood Dandenong Enterprise Agreement 2022.

An application has been made for approval of an enterprise agreement known as the Brickwood Dandenong Enterprise Agreement 2022 (Agreement). The application was made by Brickwood (Dandenong) Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The United Workers’ Union, 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brickwood (Dandenong) Pty Limited has applied for the approval of the Brickwood Dandenong Enterprise Agreement 2022 (Agreement) under section 185 of the Fair Work Act 2009. The application was made to the Fair Work Commission, which has the authority to approve enterprise agreements that meet the criteria outlined in the Act. The Agreement, intended to be a single enterprise agreement, was submitted by the Applicant, Brickwood (Dandenong) Pty Limited, and includes written undertakings provided by the Employer. The United Workers' Union, as a bargaining representative, has indicated its desire for the Agreement to cover its members, and no objections were raised regarding the undertakings.

The primary legal issues before the Commission were whether the Agreement satisfied the requirements of sections 186, 187, 188, and 190 of the Act, and whether the written undertakings provided by the Employer would cause financial detriment to any employees or result in substantial changes to the Agreement. Additionally, the Commission needed to determine if the Agreement would cover the United Workers’ Union, as required by section 183 of the Act.

The Commission found that all relevant requirements of the Act had been met. It was satisfied that the written undertakings would not cause financial detriment to employees or result in substantial changes to the Agreement. Furthermore, the Commission was content that the Agreement would cover the United Workers’ Union, as stipulated by section 201(2) of the Act. Consequently, the Commission approved the Agreement, which will operate from 16 June 2022, with a nominal expiry date of 31 March 2025.

Brickwood (Dandenong) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established