Brockman Engineering Pty Ltd

[2021] FWCA 6791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brockman Engineering Pty Ltd
(AG2021/8317)

BROCKMAN ENGINEERING PTY LTD WORKSHOP & SITE COLLECTIVE BARGAINING AGREEMENT 2021

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 22 NOVEMBER 2021

Application for approval of the BROCKMAN ENGINEERING PTY LTD Workshop & Site Collective Bargaining Agreement 2021.

[1] Brockman Engineering Pty Ltd (the Applicant) has made an application for approval of an enterprise agreement known as the BROCKMAN ENGINEERING PTY LTD Workshop & Site Collective Bargaining Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 18 November 2021.

[3] As the Agreement does not contain a flexibility term which meets the requirements of s.203 of the Act, the model flexibility term is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), The Australian Workers’ Union (AWU) and the Construction, Forestry, Mining and Energy Union (CFMEU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[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 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Brockman Engineering Pty Ltd, sought approval of the Workshop & Site Collective Bargaining Agreement 2021 from the Fair Work Commission. The dispute involved whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to minimum workplace entitlements and the bargaining process. The Commission was tasked with determining if the agreement was made in good faith, if it provided for minimum terms and conditions, and if it was an appropriate basis for a modern award.

The primary legal issues before the Commission were whether the agreement contained all the required minimum terms and conditions, if the bargaining process was conducted in good faith, and if the agreement was consistent with the overarching objectives of the Fair Work Act. The Commission examined the content of the agreement to ensure it included essential terms such as minimum rates of pay, penalty rates, and other employment conditions. It also scrutinised the process through which the agreement was negotiated to verify that it was conducted fairly and without coercion.

The Commission found that the agreement contained all the required minimum terms and conditions and was made in good faith. The evidence presented demonstrated that the bargaining process was fair and inclusive, involving genuine negotiation between the parties. The agreement was deemed to be consistent with the objectives of the Fair Work Act, particularly in promoting cooperative and productive workplace relations. Consequently, the Commission approved the Workshop & Site Collective Bargaining Agreement 2021.

The final orders of the Commission included the approval of the Workshop & Site Collective Bargaining Agreement 2021, effective from the date of the decision. The agreement was registered with the Fair Work Commission, and the parties were directed to comply with its terms. The approval signified the Commission's satisfaction that the agreement met all legal requirements and would serve as a fair and effective basis for employment conditions in the relevant industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established