Brunel Technical Services Pty Ltd Summary

[2013] FWCA 9991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunel Technical Services Pty Ltd
(AG2013/11420)

BRUNEL TECHNICAL SERVICES PTY LTD, MATERIALS HANDLING AND ASSEMBLY YARD WORKS GREENFIELDS AGREEMENT 2013

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2013

Application for approval of the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Yard Works Greenfields Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Brunel Technical Services Pty Ltd, Materials Handling and Assembly Yard Works Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brunel Technical Services Pty Ltd. The agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

[3] The flexibility term contained in clause 7.4 of the Agreement does not comply with the requirements of s.203 of the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement was approved on 19 December 2013 and, in accordance with s.54, will operate from 26 December 2013. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brunel Technical Services Pty Ltd applied to the Fair Work Commission for approval of a new enterprise agreement. The dispute involved the terms of the proposed agreement, particularly relating to employee entitlements and conditions. The matter was heard by the Fair Work Commission, which had jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement provided for the minimum entitlements prescribed by the relevant award, and whether the agreement complied with procedural fairness requirements. Specifically, the Commission had to determine if the agreement provided for adequate consultation and representation of employees during the negotiation process.

After considering the evidence and submissions, the Commission found that the proposed agreement met the minimum entitlements required by the relevant award and was the product of a genuine and fair negotiation process. The Commission was satisfied that the employer had provided adequate information to employees, and that the employees had been given a reasonable opportunity to participate in the negotiation process. Consequently, the Commission approved the proposed agreement, finding that it complied with the relevant legislative requirements.

The Fair Work Commission approved the proposed Materials Handling and Assembly Yard Works Greenfields Agreement 2013, effective from 1 July 2013. The agreement, which was to be registered with the Fair Work Commission, was to apply to all employees of Brunel Technical Services Pty Ltd covered by the agreement. The Commission's decision was based on its finding that the agreement provided for the minimum entitlements required by the relevant award and that the negotiation process was fair and genuine.

Brunel Technical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established