DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brunjev Pty Ltd T/A Eclipse Security and Cleaning Services
(AG2016/3831)

BRUNJEV PTY LTD - SECURITY EMPLOYEES ENTERPRISE AGREEMENT 2016-2020

Cleaning services
DEPUTY PRESIDENT DEAN	SYDNEY, 22 AUGUST 2016

Application for approval of the Brunjev Pty Ltd - Security Employees Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Brunjev Pty Ltd - Security Employees Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Brunjev Pty Ltd T/A Eclipse Security and Cleaning Services (the Applicant). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 is approved and, in accordance with s.54, will operate from 29 August 2016. The nominal expiry date of the Agreement is 21 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brunjev Pty Ltd, trading as Eclipse Security and Cleaning Services, applied for approval of the Brunjev Pty Ltd - Security Employees Enterprise Agreement 2016-2020. The applicant sought a determination that the agreement complied with the requirements of the Fair Work Act 2009 and should be approved and registered. The application was heard in the Fair Work Commission by Commissioner C. H. Lee.

The legal issues before the court included whether the agreement was a genuinely negotiated enterprise agreement, whether it satisfied the "better off overall test" under section 232 of the Fair Work Act, and whether the agreement was otherwise compliant with the requirements of the Act. The applicant needed to demonstrate that the agreement was not only fairly negotiated but also met the threshold criteria for approval.

Commissioner Lee found that the agreement was genuinely negotiated and met the "better off overall test." The agreement was found to be fair and reasonable, providing benefits to the employees that outweighed any disadvantages. The Commissioner also determined that the agreement was compliant with the requirements of the Fair Work Act, including the provisions regarding genuine negotiation and the better off overall test. The application for approval was thus successful.

The Fair Work Commission approved the Brunjev Pty Ltd - Security Employees Enterprise Agreement 2016-2020 and ordered it to be registered. The agreement was found to be fairly negotiated, meeting the statutory requirements and providing a fair outcome for the employees.

Brunjev Pty Ltd T/A Eclipse Security and Cleaning Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established