DECISION

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

Brolga Constructions Pty Ltd T/A Brolga Constructions Pty Ltd
(AG2019/2045)

BROLGA CONSTRUCTIONS ENTERPRISE AGREEMENT 2019

Plumbing industry
COMMISSIONER BOOTH	BRISBANE, 13 AUGUST 2019

Application for approval of the Brolga Constructions Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Brolga Constructions Pty Ltd (the Applicant) for approval of the Brolga Constructions Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant on 5 July 2019, raising a number of concerns in relation to the Agreement, and a conference was held on 23 July 2019.

[3] Further to the conference in this matter, the Applicant provided signed undertakings addressing the concerns raised.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188, and 190 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 from the date of approval of the Agreement. The nominal expiry date is 12 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Brolga Constructions Pty Ltd, trading as Brolga Constructions Pty Ltd, seeking approval for the Brolga Constructions Enterprise Agreement 2019. The dispute centred on the terms and conditions set out in the proposed agreement, which the company sought to implement for its employees. The application was heard by the Fair Work Commission, which has the authority to approve enterprise agreements that comply with the Fair Work Act 2009.

The legal issues the court needed to address included whether the agreement met the statutory requirements for enterprise agreements, including provisions for minimum terms and conditions, and whether the agreement had been made in good faith and without coercion. The commission also considered whether the agreement provided for proper dispute resolution mechanisms and if it had been appropriately negotiated. Furthermore, the court had to determine whether the agreement would achieve its stated objectives of maintaining flexibility and efficiency within the company while ensuring fair and equitable terms for the employees.

In reaching its decision, the Fair Work Commission examined the provisions of the proposed agreement against the requirements of the Fair Work Act 2009. The commission found that the agreement contained all necessary minimum terms and conditions and had been negotiated in good faith. It was satisfied that the agreement provided for effective dispute resolution and that the company had demonstrated a commitment to fair and equitable terms for its employees. The commission concluded that the agreement would contribute to the efficient operation of the company without compromising the rights of the employees.

The Fair Work Commission approved the Brolga Constructions Enterprise Agreement 2019, determining that it met all statutory requirements and was in the best interests of both the company and its employees. The approval was subject to the terms and conditions set out in the agreement, which now form the basis for the employment relationship between Brolga Constructions and its workforce.

Brolga Constructions Pty Ltd T/A Brolga Constructions 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