Build Run Repair (Australia) Pty Ltd Summary

[2024] FWCA 2318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Build Run Repair (Australia) Pty Ltd

(AG2024/1518)

BRR PENRITH SORT CENTRE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER MCKINNON	SYDNEY, 21 JUNE 2024

Application for approval of the BRR Penrith Sort Centre Enterprise Agreement 2024

Build Run Repair (Australia) Pty Ltd has applied for approval of a single enterprise agreement known as the BRR Penrith Sort Centre Enterprise Agreement 2024 (the Agreement).

Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement or result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.

With the undertakings now given, and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

The Agreement is approved and will operate from 28 June 2024. The nominal expiry date of the Agreement is 21 June 2027.

COMMISSIONER

Annexure A

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Build Run Repair (Australia) Pty Ltd applied for the approval of the BRR Penrith Sort Centre Enterprise Agreement 2024. The applicant, an employer in the waste management industry, sought to implement a new enterprise agreement which would replace the existing BRR Sort Centre Enterprise Agreement 2016. The application was brought under section 235 of the Fair Work Act 2009, which allows for the approval of an enterprise agreement that has been registered by the Commission.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act, including whether it provided for the proper treatment of employees, and whether it had been negotiated in good faith. The applicant argued that the agreement was fair and reasonable, and that it had been negotiated with the relevant employee representatives. The Commission had to consider the provisions of the agreement, the context in which it was negotiated, and whether it complied with the statutory criteria for approval.

The Commission determined that the proposed agreement was fair and reasonable, and that it met the statutory requirements for approval. The Commission noted that the agreement provided for appropriate wage rates and conditions for employees, and that it included provisions for dispute resolution and consultation. The Commission also found that the agreement had been negotiated in good faith, and that there was no evidence of any improper conduct by the applicant. The Commission was satisfied that the agreement provided for the proper treatment of employees, and that it would not have an adverse effect on the broader industrial relations system.

Accordingly, the Commission approved the BRR Penrith Sort Centre Enterprise Agreement 2024. The agreement will now replace the existing enterprise agreement, and will apply to the relevant employees. The approval of the agreement is a significant step forward in the ongoing efforts to modernise and improve the industrial relations system in the waste management industry.

Build Run Repair (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established