Brierty Limited

[2013] FWCA 9113

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brierty Limited
(AG2013/11347)

BRIERTY LIMITED ENTERPRISE AGREEMENT 2013

Mining industry
COMMISSIONER WILLIAMS	PERTH, 20 NOVEMBER 2013

Application for approval of the Brierty Limited Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brierty Limited 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 Brierty Limited. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2013. The nominal expiry date of the Agreement is 20 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brierty Limited, the applicant, sought approval of the Brierty Limited Enterprise Agreement 2013 from the Fair Work Commission. The dispute centred on whether the agreement complied with the relevant legislative framework and whether it adequately protected the rights of the employees. The Commission was tasked with determining if the agreement met the necessary standards under the Fair Work Act 2009.

The central legal issues involved whether the agreement provided fair terms and conditions of employment, if it allowed for proper bargaining, and if it adequately addressed the interests of both the employer and the employees. Additionally, the court had to examine if the agreement contained all the required provisions as stipulated by the Fair Work Act. The applicant argued that the agreement was fair and met all legislative requirements, while no opposing party contested the application.

The Fair Work Commission found that the Brierty Limited Enterprise Agreement 2013 was fair and complied with all necessary legislative requirements. The Commission highlighted that the agreement was the result of genuine bargaining and provided for equitable terms and conditions of employment. The agreement was deemed to appropriately balance the interests of both the employer and the employees. Consequently, the Commission approved the agreement as compliant with the Fair Work Act 2009.

The Commission's approval of the Brierty Limited Enterprise Agreement 2013 was based on the findings that it met all legislative requirements, was the result of genuine bargaining, and provided fair terms and conditions for the employees. The Commission's decision to approve the agreement was made without any conditions or modifications.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established