DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brockfield Enterprises Pty Ltd
(AG2016/3629)

BROCKFIELD ENTERPRISES PTY LTD ENTERPRISE AGREEMENT 2016

Agricultural industry
COMMISSIONER ROE	MELBOURNE, 4 AUGUST 2016

Application for approval of the Brockfield Enterprises Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Brockfield Enterprises Pty Ltd 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 Brockfield Enterprises Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 4 August 2016 and, in accordance with s.54, will operate from 11 August 2016. The nominal expiry date of the Agreement is 4 August 2020.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Brockfield Enterprises Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The agreement, titled the Brockfield Enterprises Pty Ltd Enterprise Agreement 2016, was submitted under the Fair Work Act 2009, which mandates that such agreements be approved if they meet certain criteria, including the provision of a fair and efficient workplace relationship. The dispute centred on whether the agreement fulfilled these requirements, particularly concerning the terms related to employee entitlements and dispute resolution processes.

The legal issues before the Commission involved interpreting the provisions of the Fair Work Act and assessing whether the agreement provided for a fair and efficient workplace relationship. Key points of contention included the fairness of the terms regarding employee entitlements and the adequacy of the dispute resolution mechanisms. The Commission had to determine if the agreement met the statutory criteria for approval, including whether it provided for a pay rate that was no less favourable than the relevant award or registered agreement, and whether it facilitated a fair and efficient workplace relationship.

The Commission found that the Brockfield Enterprises Pty Ltd Enterprise Agreement 2016 did meet the statutory criteria for approval. It concluded that the agreement provided for pay rates and conditions that were no less favourable than the relevant award and facilitated a fair and efficient workplace relationship. The Commission noted that the agreement included provisions that allowed for flexible working arrangements and provided for a clear process for resolving disputes. The Commission was satisfied that these terms did not undermine the fairness or efficiency of the workplace relationship.

The Fair Work Commission approved the Brockfield Enterprises Pty Ltd Enterprise Agreement 2016, determining that it met all the necessary statutory requirements. The approval ensures that the agreement is binding on all parties and can be enforced as a legally recognised workplace agreement.

Brockfield Enterprises 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