Brickwood (Qld) Pty Ltd

[2013] FWCA 7267

FAIR WORK COMMISSION

DECISION

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

Brickwood (Qld) Pty Ltd
(AG2013/2700)

BRICKWOOD QUEENSLAND ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 SEPTEMBER 2013

Application for approval of the Brickwood Queensland Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brickwood Queensland Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers those organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 27 September 2013. The nominal expiry date of the Agreement is31 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter of Brickwood (Qld) Pty Ltd concerned the application for approval of the Brickwood Queensland Enterprise Agreement 2013. The applicant, Brickwood, sought the approval of the enterprise agreement, which was intended to govern the employment terms and conditions of its employees. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the agreement complied with the relevant provisions of the Act, particularly in relation to the fairness test. This involved examining whether the agreement had been made in accordance with the Act and whether it contained the necessary minimum terms as prescribed by the Fair Work Regulations 2009. Additionally, the court had to determine whether the agreement was genuinely negotiated and whether it provided for procedural fairness.

The FWC carefully considered the submissions and evidence presented by both parties. It found that the agreement was, in fact, genuinely negotiated and that it contained all the required minimum terms. The FWC also concluded that the agreement met the procedural fairness standards and satisfied the fairness test under the Act. As a result, the FWC approved the Brickwood Queensland Enterprise Agreement 2013, thereby resolving the dispute in favour of the applicant.

In summary, the Fair Work Commission approved the Brickwood Queensland Enterprise Agreement 2013, finding it met all legal requirements under the Fair Work Act 2009 and related regulations. The decision underscored the importance of genuine negotiation and the inclusion of prescribed minimum terms for the approval of enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established