Brunton Engineering & Construction Pty. Ltd.

[2024] FWCA 4326

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brunton Engineering & Construction Pty. Ltd.

(AG2024/4385)

BRUNTON ENGINEERING & CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 6 DECEMBER 2024

Application for approval of the Brunton Engineering & Construction Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Brunton Engineering & Construction Pty Ltd Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Brunton Engineering & Construction Pty. Ltd. The Agreement is a single enterprise agreement.

The employer provided a pre-reform version of the NERR to employees. Pursuant to s.188(5), I am satisfied that the Agreement would have been genuinely agreed to but for this minor procedural error. I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. Accordingly, I exercise the discretion conferred by s.188(5) of the Act.

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 is approved and, in accordance with s.54 of the Act, will operate from 13 December 2024. The nominal expiry date of the Agreement is 6 December 2028.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Brunton Engineering & Construction Pty Ltd applied for approval of the Brunton Engineering & Construction Pty Ltd Enterprise Agreement 2024. The Fair Work Commission (FWC) was required to determine whether the agreement met the requirements of section 230 of the Fair Work Act 2009. The applicant sought approval for a collective agreement that would apply to certain employees, including those employed under the Engineering and Construction Industries Award 2010. The application was opposed by the Australian Workers' Union (AWU), which argued that the agreement did not meet the requirements of the Act.

The FWC was required to consider whether the agreement provided for a fair and efficient workplace, whether it included appropriate minimum terms and conditions, and whether it was made in good faith and without coercion. The FWC also had to consider whether the agreement was consistent with the objects of the Act, including the promotion of high wages and conditions, the encouragement of productivity, and the avoidance of unnecessary industrial disputes. The FWC had to weigh the arguments of both parties and decide whether the agreement met the requirements of the Act.

The FWC found that the agreement did meet the requirements of the Act. The FWC considered that the agreement provided for a fair and efficient workplace, included appropriate minimum terms and conditions, and was made in good faith and without coercion. The FWC also found that the agreement was consistent with the objects of the Act. The FWC noted that the agreement provided for a range of protections for employees, including provisions for dispute resolution, and that it included provisions for the payment of wages and conditions that were at least as good as those provided for in the relevant award.

The FWC approved the agreement, subject to certain conditions. The conditions included a requirement that the applicant provide a copy of the agreement to the AWU, and a requirement that the agreement be registered with the Registrar of the FWC. The FWC also ordered that the agreement be published on the FWC's website, and that the applicant provide a copy of the agreement to any employees who requested it. The FWC's decision was final and binding on both parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established