DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brockman Engineering Pty Ltd
(AG2017/5530)

BROCKMAN ENGINEERING PTY LTD WORKSHOP & SITE COLLECTIVE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 4 JANUARY 2018

Application for approval of the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BROCKMAN ENGINEERING PTY LTD Workshop & Site Collective Bargaining Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brockman Engineering Pty Ltd. 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.

[4] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union 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) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2018. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brockman Engineering Pty Ltd recently faced a matter before the Fair Work Commission concerning the approval of the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2017. The applicant, Brockman Engineering, sought approval for the agreement which was made between the company and the Construction, Forestry, Maritime, Mining and Energy Union. The dispute involved whether the agreement complied with the necessary legislative requirements and whether it was in the best interest of the employees and the employer.

The central legal issues before the Commission were whether the agreement met the standards set out in the Fair Work Act 2009 and whether it was an appropriate agreement under the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement was a "better off overall test" (BOOT) agreement, ensuring that the employees would not be worse off than if they were covered by the relevant award or safety net award.

The Fair Work Commission assessed the agreement in light of the statutory criteria and concluded that the agreement did indeed meet the necessary requirements. The Commission found that the agreement provided for a fair balance of rights and obligations between the parties, and that it was a BOOT agreement. The Commission noted the provisions for wages, conditions, dispute resolution, and the overall fairness of the agreement. Given the careful consideration of these factors, the Commission approved the agreement, deeming it to be in the best interest of both the employees and the employer.

As a result of the Commission’s decision, the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2017 was approved and is now in effect. The approval signifies that the agreement complies with all necessary legislative requirements and that it provides a fair and balanced arrangement for both parties involved.

Brockman Engineering 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