Bryan Industries Pty Ltd Summary

[2023] FWCA 95

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Bryan Industries Pty Ltd

(AG2023/56)

BRYAN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER SPENCER	BRISBANE, 11 JANUARY 2023

Application for approval of the Bryan Industries Pty Ltd Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Bryan Industries Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bryan Industries Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The application was not lodged within 14 days after the Agreement was made. The Employer provided an explanation for the late lodgement. On the basis of this explanation, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2023. The nominal expiry date of the Agreement is 11 January 2026.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bryan Industries Pty Ltd applied to the Fair Work Commission for approval of the Bryan Industries Pty Ltd Enterprise Agreement 2022. The application was opposed by the Australian Manufacturing Workers' Union (AMWU), which argued the agreement did not provide adequate protections for employees. The dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for the mandatory minimum entitlements of employees, whether it was free from prohibited content, and whether it was made in good faith. The Commission examined whether the agreement contained all the mandatory terms and conditions set out in the Fair Work Act and whether any provisions that were not mandatory were fair and reasonable. The Commission also considered the process by which the agreement was negotiated and whether the parties had genuinely attempted to reach an agreement.

The Commission found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and was free from prohibited content. The Commission noted that while some provisions were less favourable to employees than the applicable awards and the National Employment Standards, they were not so disadvantageous as to render the agreement unfair. The Commission was satisfied that the agreement had been made in good faith and that the parties had genuinely attempted to reach an agreement. The application for approval was therefore granted.

The Commission approved the Bryan Industries Pty Ltd Enterprise Agreement 2022, subject to the parties lodging a copy of the approved agreement with the Commission within 14 days of the decision. The Commission also ordered that a copy of the approved agreement be provided to all employees covered by the agreement. The decision was made on 15 June 2022.

Bryan Industries Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established