DECISION

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

BrijarCass Security Pty Ltd
(AG2017/6237)

BRIJARCASS WHEATSTONE ENTERPRISE AGREEMENT 2017

Cleaning services
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 MARCH 2018

Application for approval of the BriJarCass Wheatstone Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BriJarCass Wheatstone 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 BrijarCass Security Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2018. The nominal expiry date of the Agreement is 15 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BrijarCass Security Pty Ltd applied for the approval of the BriJarCass Wheatstone Enterprise Agreement 2017. The matter involved the terms and conditions of employment for the workers covered by the agreement. The company sought to have the agreement certified as a single-enterprise agreement to ensure its enforceability against all relevant employees. The dispute centred on whether the agreement satisfied the statutory requirements under the Fair Work Act 2009.

The central legal issues included whether the agreement had been appropriately negotiated and whether it contained all the mandatory provisions required by the Act. The applicant needed to demonstrate that the agreement was made in good faith and that the necessary procedures were followed in its creation. Furthermore, the court had to ensure that the agreement did not unfairly disadvantage any employee and complied with all legislative mandates.

After reviewing the evidence and submissions, the Fair Work Commission found that the agreement met all the necessary criteria. The commission confirmed that the agreement had been negotiated in good faith and contained all mandatory provisions as required by law. The commission was satisfied that the agreement did not disadvantage any employees and was fair and reasonable. Consequently, the application for approval of the BriJarCass Wheatstone Enterprise Agreement 2017 was granted. The agreement was certified and would now be binding on all relevant employees and the employer.

BrijarCass Security 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