Brickwood (Vic) Pty Ltd

[2014] FWCA 57

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brickwood (Vic) Pty Ltd
(AG2013/12859)

BRICKWOOD VICTORIA ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 3 JANUARY 2014

Application for approval of the Brickwood Victoria Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brickwood Victoria Enterprise Agreement 2013 (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.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] The Transport Workers’ Union of Australia and 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) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2014. The nominal expiry date of the Agreement is 31 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brickwood (Vic) Pty Ltd was involved in a legal dispute concerning the approval of the Brickwood Victoria Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue at hand was whether the enterprise agreement, which was negotiated between the employer and a representative of the employees, met the legal criteria for approval. Specifically, the court needed to determine whether the agreement was in compliance with the Fair Work Act 2009 and whether it had been fairly negotiated and presented to the employees.

The legal issues addressed by the court involved the interpretation of the Fair Work Act, focusing on sections that pertain to the negotiation and approval of enterprise agreements. The court had to ensure that the agreement provided fair and reasonable terms for the employees, that it was presented in good faith, and that it did not unfairly disadvantage any party. Additionally, the court needed to consider whether the necessary consultation and disclosure requirements were met during the negotiation process.

In delivering its decision, the Fair Work Commission found that the enterprise agreement largely adhered to the requirements set out in the Fair Work Act. The agreement was deemed to provide fair and reasonable terms for the employees, and the negotiation process was considered to have been conducted in good faith. The court also confirmed that all necessary consultation and disclosure obligations had been fulfilled. As a result, the Fair Work Commission approved the Brickwood Victoria Enterprise Agreement 2013, allowing it to come into effect. The decision emphasised the importance of fair negotiation practices and compliance with legal standards in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established