DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brownbuilt Pty Ltd
(AG2015/4342)

BROWNBUILT PTY LIMITED, CARINGBAH, NSW CERTIFIED AGREEMENT, 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 AUGUST 2015

Application for approval of the Brownbuilt Pty Limited, Caringbah, NSW Certified Agreement, 2015.

[1] An application has been made for approval of an enterprise agreement known as the Brownbuilt Pty Limited, Caringbah, NSW Certified Agreement, 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brownbuilt Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 26 August 2015 and, in accordance with s.54, will operate from 2 September 2015. The nominal expiry date of the Agreement is 28 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brownbuilt Pty Ltd, a contracting business based in Caringbah, NSW, was the subject of an application for approval of its 2015 Certified Agreement. The applicant, an unincorporated association representing the employees, sought the Fair Work Commission's approval of the agreement under the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment within Brownbuilt, including wages, hours of work, and other employment-related matters, as outlined in the proposed agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, particularly in terms of its coverage, the process by which it was negotiated, and whether it provided for terms and conditions of employment that were no worse off than the applicable awards or the general industrial entitlements. The Commission had to consider if the agreement was genuinely negotiated, if it covered all employees of Brownbuilt, and if it provided for a minimum rate of pay and conditions that were at least as good as those provided by the relevant awards or industrial instruments.

The Commission examined the process of negotiation and found that the agreement had been negotiated in good faith between the applicant and Brownbuilt Pty Ltd. It confirmed that the agreement covered all employees of the company and assessed the terms and conditions against the relevant awards and general entitlements. The Commission determined that the agreement provided for terms and conditions that were not worse off than the applicable awards or general industrial entitlements and approved the agreement under section 234 of the Fair Work Act. The Commission's decision was based on the thorough examination of the negotiation process and the substantive terms of the agreement.

The Fair Work Commission approved the Brownbuilt Pty Limited, Caringbah, NSW Certified Agreement, 2015, effective from the date of the decision. This approval ensures that the terms and conditions of employment within Brownbuilt are regulated by the certified agreement, rather than the applicable awards or general industrial entitlements.

Brownbuilt 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