Broens Industries Pty Ltd

[2014] FWCA 6351

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Broens Industries Pty Ltd
(AG2014/8630)

BROENS INDUSTRIES ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the Broens Industries Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Broens Industries Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by Broens Industries Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

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

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 18 September 2014. The nominal expiry date of the Agreement is 1 August 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Broens Industries Pty Ltd, an employer, made an application to the Fair Work Commission for approval of an enterprise agreement. The application was in relation to employees who were members of the Automotive, Metals, Engineering and Manufacturing Union. The nature of the dispute centred around the terms of the proposed enterprise agreement, specifically whether it complied with the requirements of the Fair Work Act 2009. The court involved was the Fair Work Commission, a statutory body with jurisdiction over employment relations matters in Australia.

The primary legal issues that the court needed to address were whether the agreement was a "genuine" enterprise agreement, if it provided for the "single industrial instrument" requirement, and if the agreement met the "no disadvantage" test. The court was required to determine if the agreement had been negotiated in good faith, if it covered the appropriate bargaining unit, and if it did not disadvantage any employee in comparison to their entitlements under the relevant award or safety net award.

The court reviewed the process through which the agreement was negotiated and found that it had been negotiated in good faith. The court also found that the agreement did cover the appropriate bargaining unit and met the "single industrial instrument" requirement, meaning it did not leave any matters to be covered by an award. The court examined the "no disadvantage" test and determined that the agreement did not disadvantage any employee. The court found that the proposed agreement provided for terms and conditions that were not less favourable than the safety net minimum entitlements, thus satisfying the requirements of the Fair Work Act.

The Fair Work Commission approved the Broens Industries Enterprise Agreement 2014-2018. The approval was based on the court's findings that the agreement was genuine, covered the appropriate bargaining unit, provided for a single industrial instrument, and did not disadvantage any employee. The court's decision was in line with the statutory provisions and demonstrated the importance of ensuring that enterprise agreements meet the necessary legal criteria before being approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established