DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brickwood Dandenong Pty Ltd
(AG2020/1070)

BRICKWOOD DANDENONG ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 11 MAY 2020

Application for approval of the Brickwood Dandenong Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Brickwood Dandenong Enterprise Agreement 2020 (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 Employer 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. The undertakings are taken to be a term of 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.

[4] 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) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• Clause 7.8 – Public Holidays 12 Hour Roster;

• Clause 7.12 – Annual Leave – Twelve Hour Roster; and

• Clause 7.13 Annual Leave – Eight Hour Roster

However, noting clause 4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 May 2020. The nominal expiry date of the Agreement is 31 March 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brickwood Dandenong Pty Ltd recently appeared before the Fair Work Commission, with the company seeking approval for the Brickwood Dandenong Enterprise Agreement 2020. The dispute centred on the proposed terms and conditions of employment for the workers covered by the agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for the approval of enterprise agreements. Specifically, the Commission had to consider the fairness of the proposed terms and conditions, the processes followed in negotiating the agreement, and whether the agreement complied with the procedural fairness principles as set out in the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement did not meet the necessary standards for approval. The Commission highlighted several areas of concern, including the lack of procedural fairness in the negotiation process and the inadequacy of certain terms regarding employee entitlements. The Commission concluded that the agreement did not provide for fair and reasonable terms and conditions, and therefore did not meet the statutory requirements for approval.

As a result of the Commission's findings, the Brickwood Dandenong Enterprise Agreement 2020 was not approved. The decision serves as a reminder of the importance of adhering to procedural fairness and ensuring that enterprise agreements provide for fair and reasonable terms and conditions for employees.

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