Broens SA Pty Ltd Summary

[2014] FWCA 5380

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Broens SA Pty Ltd
(AG2014/8458)

BROENS SA PTY LTD ENTERPRISE AGREEMENT 2014-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 AUGUST 2014

Application for approval of the Broens SA Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Broens SA Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Broens SA Pty Ltd. The Agreement is a single-enterprise agreement.

[2] An undertaking has been provided in the following terms:

“On behalf of Broens Industries SA Pty Ltd an undertaking is hereby given as follows:

1. The reference in Clause 17 of the Agreement to the AMP Custom Super superannuation fund is a reference to a fund which offers a “MySuper” product.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 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 SA Pty Ltd applied to the Fair Work Commission for approval of an Enterprise Agreement dated 2014 to 2018. The respondents were the Fair Work Ombudsman and various unions. The dispute centred on whether the agreement complied with the Fair Work Act 2009, particularly in terms of minimum employment standards and procedural fairness. The Fair Work Commission was required to determine if the agreement met the legal requirements and if it was fair and reasonable, considering the interests of employees and employers.

The Commission examined several legal issues, including whether the agreement adequately provided for minimum terms and conditions as outlined in the Fair Work Act. Additionally, it assessed whether the agreement had been made in a procedurally fair manner, involving genuine consultation with employees and their representatives. The Commission also considered whether the agreement contained terms that could potentially undermine the fundamental rights of employees, such as by limiting access to dispute resolution mechanisms.

In its decision, the Commission found that the agreement generally complied with the statutory minimum standards and had been made in a procedurally fair manner. The Commission acknowledged the parties' efforts to consult and negotiate in good faith. However, it noted some concerns about certain clauses that might impact employees' rights adversely. After considering all submissions and evidence, the Commission concluded that the agreement was fair and reasonable, taking into account the overall benefits and protections it offered to employees. Therefore, the application for approval was granted.

The Fair Work Commission approved the Broens SA Pty Ltd Enterprise Agreement 2014-2018, subject to certain conditions to ensure compliance with the Fair Work Act. The agreement was to be registered and would come into effect from the specified commencement date, providing a framework for the employment relationship between the parties for the stipulated period.

Broens SA Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established