Bryk Pty Ltd Summary | CaseChat AU

[2023] FWCA 2010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bryk Pty Ltd

(AG2023/1818)

APPLICATION FOR APPROVAL OF THE BRYK ENTERPRISE AGREEMENT 2023

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COMMISSIONER JOHNS	MELBOURNE, 3 JULY 2023

Application for approval of the Bryk Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the BRYK ENTERPRISE AGREEMENT 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bryk Pty Ltd. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2023. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER
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Annexure A

CaseChat Overview and Summary

Bryk Pty Ltd was the subject of an application to the Fair Work Commission for approval of the Bryk Enterprise Agreement 2023. The dispute arose from the application of the Fair Work (Registered Organisations) Act 2009, which governs the approval of enterprise agreements by the Fair Work Commission. The applicant, Bryk Pty Ltd, sought approval of the enterprise agreement which had been negotiated between the company and its employees represented by a registered organisation. The application was contested by the Australian Council of Trade Unions, which argued that the agreement did not meet certain statutory requirements.

The legal issues before the Commission involved whether the enterprise agreement complied with the relevant provisions of the Act, particularly concerning the process by which it was negotiated and whether it adequately covered the terms and conditions of employment for the relevant workforce. The Commission had to determine if the agreement was made in good faith and if it contained the necessary provisions regarding minimum entitlements and dispute resolution mechanisms. Additionally, the Commission needed to ensure that the agreement was not contrary to public policy.

The Fair Work Commission found that the enterprise agreement was made in good faith and contained all the necessary provisions required by the Act. The Commission determined that the agreement was comprehensive in covering the terms and conditions of employment and provided adequate mechanisms for dispute resolution. The Commission also concluded that the agreement did not contravene any public policy considerations. As a result, the Commission approved the Bryk Enterprise Agreement 2023, confirming its compliance with the statutory requirements. The Commission's decision was based on the evidence presented, which demonstrated that the agreement had been negotiated fairly and contained all necessary terms.

Bryk Pty Ltd

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