Brickwood (Vic) Pty Ltd

[2017] FWCA 6400

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Brickwood (Vic) Pty Ltd

(AG2017/4871)

Brickwood Victoria Enterprise Agreement 2017

Manufacturing and associated industries
Deputy President Masson	MELBOURNE, 1 DECEMBER 2017

Application for approval of the Brickwood Victoria Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Brickwood Victoria 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 (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

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.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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. In accordance with s.201(2) I note that the Agreement covers these organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2017. The nominal expiry date of the Agreement is 31 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Brickwood (Vic) Pty Ltd for the approval of the Brickwood Victoria Enterprise Agreement 2017. The dispute arose as the Fair Work Commission had previously certified the agreement as a single-enterprise agreement under section 173 of the Fair Work Act 2009, but had not yet approved it. The application was contested by the Australian Council of Trade Unions, representing the employees covered by the agreement. The central issue before the Commission was whether the agreement met the criteria for approval under section 234 of the Fair Work Act, particularly whether it provided for the proper regulation of employment terms and conditions. The Commission considered whether the agreement adequately addressed minimum rates of pay, penalty rates, and other essential terms and conditions that are necessary for the proper regulation of employment.

In deliberating on the matter, the Commission examined the provisions of the agreement to ensure they aligned with the statutory requirements for fair and reasonable terms and conditions. It considered the balance between the parties' interests, the fairness of the agreement's provisions, and the impact on employees. The Commission found that the agreement provided for adequate minimum rates of pay, appropriate penalty rates, and other necessary terms and conditions, ensuring that employees were protected and fairly compensated. It also found that the agreement did not disadvantage employees in a manner that would be inconsistent with the objectives of the Act.

Having satisfied itself that the agreement met all the necessary criteria, the Commission approved the Brickwood Victoria Enterprise Agreement 2017. The Commission's decision was based on a comprehensive assessment of the agreement's provisions and its alignment with the principles of fairness and reasonableness as outlined in the Fair Work Act. The approval ensures that the agreement will now govern the employment terms and conditions of the employees covered by it, providing a framework for fair and effective workplace relations.

CaseChat Overview and Summary

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