Brisbane Bus Build Pty Ltd

[2021] FWCA 7249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Bus Build Pty Ltd
(AG2021/8891)

BRISBANE BUS BUILD PTY LTD ENTERPRISE AGREEMENT 2021-2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 22 DECEMBER 2021

Application for approval of the Brisbane Bus Build Pty Ltd Enterprise Agreement 2021-2024.

[1] Brisbane Bus Build Pty Ltd has applied for approval of a single enterprise agreement known as the Brisbane Bus Build Pty Ltd Enterprise Agreement 2021-2024 (the Agreement).

[2] 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.

[3] The Agreement is approved and will operate from 28 December 2021. The nominal expiry date of the Agreement is 30 June 2024.

[4] The Agreement covers the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brisbane Bus Build Pty Ltd recently sought approval of their enterprise agreement from 2021-2024. The Fair Work Commission (FWC) was tasked with considering the application. The application involved a dispute between Brisbane Bus Build Pty Ltd and its employees, primarily concerning the terms and conditions of employment outlined in the proposed agreement. The FWC was required to determine if the agreement met the legal standards for approval, including compliance with the Fair Work Act 2009 and fairness to the employees.

The legal issues before the FWC included whether the agreement provided for the proper classification of employees, adequate minimum wages, and reasonable working conditions. Additionally, the FWC had to ensure that the agreement did not disadvantage any employee, and that it was not contrary to public policy. The FWC also had to consider if the agreement had been genuinely negotiated between the parties and whether it complied with other relevant industrial laws.

In reaching its decision, the FWC carefully examined the proposed agreement, considering submissions from both parties. The FWC concluded that the agreement was fair and reasonable, meeting the necessary legal requirements. The FWC noted that the agreement had been negotiated in good faith and provided for fair terms and conditions of employment. The FWC also found that the agreement did not disadvantage any employee and complied with all relevant industrial laws. Based on these findings, the FWC approved the Brisbane Bus Build Pty Ltd Enterprise Agreement 2021-2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established