DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brisbane Markets Limited
(AG2016/3817)

BRISBANE MARKETS LIMITED (OPERATIONAL EMPLOYEES) ENTERPRISE AGREEMENT 2016

Storage services
COMMISSIONER HARPER-GREENWELL	SYDNEY, 30 AUGUST 2016

Application for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brisbane Markets Limited. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 August 2016 and, in accordance with s.54, will operate from 6 September 2016. The nominal expiry date of the Agreement is 30 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Brisbane Markets Limited for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2016. The agreement in question was submitted to the Commission under the Fair Work Act 2009, which requires certain enterprise agreements to be approved by the Fair Work Commission before they can be enforced. The dispute centred on whether the agreement complied with the requirements of the Act and whether it was made in accordance with the relevant provisions.

The central legal issues before the Commission were whether the agreement had been made in good faith, whether it included all the mandatory terms set out in the Fair Work Act, and whether it was appropriately certified as a simple or low-complexity agreement. The Commission also needed to determine whether the agreement was likely to have the effect of facilitating the efficient operation of the business and ensuring the productivity of the employees.

In considering these issues, the Commission examined the process by which the agreement was negotiated and the contents of the agreement itself. It was established that the agreement had been negotiated in good faith and included all the mandatory terms required by the Fair Work Act. The Commission was satisfied that the agreement was appropriately certified as a low-complexity agreement, as it was clear, concise, and easily understood by the employees. Additionally, the Commission found that the agreement was likely to facilitate the efficient operation of the business and ensure the productivity of the employees. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2016. The Commission found that the agreement had been made in good faith, included all the mandatory terms, and was appropriately certified. The Commission was also satisfied that the agreement would facilitate the efficient operation of the business and ensure the productivity of the employees. This approval allows the agreement to be enforced and applied to the operational employees of Brisbane Markets Limited.

Brisbane Markets Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established