DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brockman Engineering Pty Ltd
(AG2014/10018)

BROCKMAN ENGINEERING PTY LTD WORKSHOP & SITE COLLECTIVE BARGAINING AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 18 DECEMBER 2014

Application for approval of the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Brockman Engineering Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 25 December 2014. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brockman Engineering Pty Ltd was the subject of an application for approval of the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014. The Fair Work Commission was the court that dealt with the application. The agreement in question was proposed between Brockman Engineering Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union, representing the employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it contained the necessary good faith elements. The Commission had to consider the process by which the agreement was made and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission also needed to ensure that the agreement met the criteria for "genuine agreement" and that it was not disadvantageous to the employees.

The Commission found that the agreement was made in good faith and contained the necessary elements. The process by which the agreement was reached was thorough and involved multiple meetings between the parties. The Commission was satisfied that the agreement was not disadvantageous to the employees and that it met the criteria for genuine agreement. As a result, the Commission approved the agreement, finding that it complied with the legal requirements for approval.

The Fair Work Commission approved the Brockman Engineering Pty Ltd Workshop & Site Collective Bargaining Agreement 2014, confirming that it met all the necessary legal requirements under the Fair Work Act.

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