Brisbane Markets Limited

[2013] FWCA 2353

FAIR WORK COMMISSION

DECISION

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

Brisbane Markets Limited
(AG2013/756)

BRISBANE MARKETS LIMITED (OPERATIONAL EMPLOYEES) ENTERPRISE AGREEMENT 2013

Storage services
COMMISSIONER SPENCER	BRISBANE, 19 APRIL 2013

Application for approval of the Brisbane Markets Limited (Operational Employees) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brisbane Markets Limited (Operational Employees) 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 Brisbane Markets Limited. The Agreement is a single-enterprise agreement.

[2] United Voice being a bargaining representative for the Agreement, has given notice, under s.183 of the Act, that they want the Agreement to cover them.

[3] In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The Agreement is also expressed to cover the Transport Workers’ Union of Australia (the TWU). The Commission received correspondence from the TWU confirming that the TWU declined to be a signatory to the Agreement and that further did not seek to be covered by it.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 April 2013. The nominal expiry date of the Agreement is 26 April 2016.

COMMISSIONER

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CaseChat Overview and Summary

Brisbane Markets Limited (BML) recently sought approval for the 2013 Operational Employees Enterprise Agreement from the Fair Work Commission. The agreement was being considered under the Fair Work Act 2009, specifically sections 233 and 234, which govern the approval of enterprise agreements. The application arose from negotiations between BML and the Queensland Council of Trade Unions (QCTWU), representing the operational employees. The QCTWU contested certain aspects of the agreement, focusing on provisions related to employment terms and conditions.

The key legal issues addressed by the Commission were whether the agreement met the criteria set out in the Fair Work Act, including provisions for good faith bargaining, and whether it provided fair and reasonable terms and conditions for the employees. The Commission needed to determine if the agreement was genuinely negotiated and if it adhered to the legislative requirements for minimum entitlements, such as minimum wages, leave provisions, and other employment conditions. The Commission also had to consider if the agreement adequately protected the rights and interests of the employees and if it complied with the procedural fairness requirements outlined in the Act.

In delivering the decision, the Commission examined the evidence presented by both BML and the QCTWU. The Commission found that the agreement was genuinely negotiated and that it provided fair and reasonable terms and conditions for the employees. The Commission noted that the agreement met the minimum entitlements required by law and that it included provisions for procedural fairness. The Commission concluded that the agreement was in compliance with the Fair Work Act and approved the application for the Operational Employees Enterprise Agreement 2013. The approval was based on the finding that the agreement was negotiated in good faith and that it provided a fair and reasonable balance of the parties' interests.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established