Britton Brothers Pty Ltd

[2024] FWCA 3058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Britton Brothers Pty Ltd

(AG2024/2990)

BRITTON BROS PTY LTD AND CFMEU ENTERPRISE BARGAINING AGREEMENT 2024

Timber and paper products industry
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 21 AUGUST 2024

Application for approval of the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2024

An application has been made for approval of an enterprise agreement known as the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by Britton Brothers Pty Ltd (Employer). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

Pursuant to s 205A(2) of the Act, the workplace delegates’ rights term prescribed by the Timber Industry Award 2020 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union 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) of the Act I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 28 August 2024. The nominal expiry date of the Agreement is 30 June 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Britton Brothers Pty Ltd sought approval from the Fair Work Commission for their enterprise bargaining agreement with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the validity and enforceability of specific provisions within the proposed agreement, particularly those related to employee entitlements and dispute resolution mechanisms. The Commission was tasked with ensuring that the agreement complied with the relevant provisions of the Fair Work Act 2009, and that it did not disadvantage any party unfairly.

The central legal issues addressed by the Commission included whether the proposed agreement contained terms that were contrary to public policy or that unfairly disadvantaged employees, and whether the agreement met the requirements for good faith bargaining as outlined in the Fair Work Act. Additionally, the Commission had to assess whether the agreement provided adequate mechanisms for resolving disputes and whether the process of reaching the agreement had been conducted in a manner consistent with the principles of fairness and good faith.

After considering the submissions and evidence presented by both parties, the Commission found that the agreement was largely compliant with the statutory requirements. The Commission noted that while some provisions were contentious, they did not contravene public policy or unfairly disadvantage any party. The Commission concluded that the process of reaching the agreement, though not perfect, was conducted in good faith and met the necessary standards. Consequently, the Commission approved the agreement, subject to certain minor modifications to address specific concerns raised during the hearing.

The final orders included the approval of the Britton Bros Pty Ltd and CFMEU Enterprise Bargaining Agreement 2024, with the specified modifications to address the concerns about the dispute resolution mechanisms and certain employee entitlements. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with the terms as modified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established