DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brickwood Dandenong Pty Ltd
(AG2017/849)

BRICKWOOD DANDENONG ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 9 MAY 2017

Application for approval of the Brickwood Dandenong Enterprise Agreement 2017.

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

[2] The Applicant 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.

[3] 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. 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.

[4] The National Union of Workers 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.

[5] The Agreement was approved on 9 May 2017 and, in accordance with s.54, will operate from 16 May 2017. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brickwood Dandenong Pty Ltd, the respondent, applied to the Fair Work Commission for approval of the Brickwood Dandenong Enterprise Agreement 2017. The applicant, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The dispute was about whether the agreement complied with the requirements of the Fair Work Act 2009.

The legal issues the court had to decide were whether the agreement was a "genuine" enterprise agreement, whether it contained minimum terms and conditions, and whether it met the "better off overall test." The court needed to consider whether the agreement had been negotiated in good faith, whether it covered all employees in the enterprise, and whether it was free from unlawful content.

The court found that the agreement was a genuine enterprise agreement that contained minimum terms and conditions and met the better off overall test. The court was satisfied that the agreement had been negotiated in good faith, covered all employees in the enterprise, and was free from unlawful content. The court approved the agreement and made an order that it be registered with the Fair Work Commission.

The court's decision was based on its consideration of the evidence presented by both parties and its application of the relevant statutory provisions. The court found that the agreement was fair and reasonable and met the requirements of the Fair Work Act. The court approved the agreement and made an order that it be registered with the Fair Work Commission. This decision is binding on all parties and can be enforced by the Fair Work Commission.

Brickwood Dandenong Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established