DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brima Contracting Australia Pty Ltd
(AG2018/6249)

BRIMA CONTRACTING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 MAY 2019

Application for approval of the Brima Contracting Australia Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brima Contracting Australia Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brima Contracting Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2019. The nominal expiry date of the Agreement is 19 May 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brima Contracting Australia Pty Ltd, an applicant, sought approval of an Enterprise Agreement 2018 from the Fair Work Commission (FWC). The agreement was intended to govern the terms and conditions of employment for certain employees of the company. The FWC was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues before the FWC were whether the agreement satisfied the requirements of the Act, including whether it was fairly negotiated, contained essential terms, and provided for a proper process for resolving disputes. The FWC considered the procedural fairness of the negotiation process and whether the agreement contained all the essential terms as stipulated by the Act. The FWC concluded that the agreement had been fairly negotiated and contained all the necessary terms. It found that the applicant had acted in good faith and that the agreement provided for an effective dispute resolution process. Based on this reasoning, the FWC approved the agreement. The FWC's approval was contingent on certain conditions, including the submission of a copy of the approved agreement to the Fair Work Ombudsman within five business days.

Brima Contracting Australia 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