Brookfield Johnson Controls ANZ Pty Ltd

[2013] FWCA 5994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brookfield Johnson Controls ANZ Pty Ltd
(AG2013/2369)

BROOKFIELD JOHNSON CONTROLS ANZ PTY LTD ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 AUGUST 2013

Application for approval of the Brookfield Johnson Controls ANZ Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brookfield Johnson Controls ANZ Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Brookfield Johnson Controls ANZ 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] An undertaking has been given in relation to clause 15.6 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The Construction, Forestry, Mining and Energy Union (CFMEU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the CFMEU.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 28 August 2013. The nominal expiry date of the Agreement is 27 August 2016.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Brookfield Johnson Controls ANZ Pty Ltd applied to the Fair Work Commission for the approval of the Brookfield Johnson Controls ANZ Pty Ltd Enterprise Agreement 2013. The applicants were the employer, Brookfield Johnson Controls ANZ Pty Ltd, and the trade union, United Voice. The nature of the dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in terms of its compliance with the provisions concerning minimum entitlements and procedural fairness. The Fair Work Commission was the body tasked with determining the validity of the agreement.

The primary legal issues that the Commission had to resolve were whether the agreement provided for minimum entitlements as stipulated by the Fair Work Act 2009, and whether the agreement had been negotiated in good faith and in accordance with the relevant procedural requirements. The Commission examined whether the provisions of the agreement were consistent with the protections afforded by the Act, including those related to wages, hours of work, leave entitlements, and other conditions of employment. Furthermore, the Commission assessed whether the process of negotiation and consultation between the employer and the union had been fair and appropriate.

In its reasoning, the Commission noted that the agreement provided for terms and conditions that were not less favourable than the relevant awards and included provisions for minimum entitlements such as wages, penalty rates, and leave. The Commission was satisfied that the negotiation process had been conducted in good faith and that the agreement reflected the outcomes of a genuine negotiation between the parties. Consequently, the Commission approved the application for the agreement to be registered, finding that it met all the necessary legal requirements under the Fair Work Act 2009.

The final orders of the Commission were that the Brookfield Johnson Controls ANZ Pty Ltd Enterprise Agreement 2013 be approved and registered under the Fair Work Act 2009. This decision ensured that the agreement would have legal effect, binding both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established