Brooker Builders Pty Ltd

[2014] FWCA 4315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brooker Builders Pty Ltd
(AG2014/1373)

BROOKER BUILDERS PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 1 JULY 2014

Application for approval of the Brooker Builders Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Brooker Builders 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 Brooker Builders 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] The Agreement was approved on 1 July 2014 and, in accordance with s.54, will operate from 8 July 2014. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Brooker Builders Pty Ltd was the subject of an application to the Fair Work Commission for approval of an enterprise agreement with its employees for the period 2014 to 2018. The applicant, Brooker Builders Pty Ltd, sought approval of the agreement which it had negotiated with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The application arose under the Fair Work Act 2009, which mandates that certain criteria must be met for an enterprise agreement to be approved. The legal issues before the Commission were whether the agreement met the procedural requirements of the Act and whether it contained provisions that were contrary to the public interest or were otherwise invalid.

The Commission found that the agreement had been properly negotiated and contained no invalid provisions. The applicant had followed the correct procedures in negotiating the agreement, including providing the necessary notices and information to the employees. The agreement itself was comprehensive, covering a wide range of employment conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not contain any provisions that were contrary to the public interest or that would have an adverse effect on the employees.

The Commission approved the Brooker Builders Pty Ltd Enterprise Agreement 2014-2018, finding that it met all the necessary requirements of the Fair Work Act. The agreement was registered with the Commission and would remain in force until the end of the specified period or until it was terminated or varied by further agreement between the parties. The decision provides a useful example of the types of agreements that can be approved by the Commission, and the procedural requirements that must be followed in order to achieve approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established