Build Run Repair (Australia) Pty Ltd Summary

[2024] FWCA 1155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Build Run Repair (Australia) Pty Ltd

(AG2024/693)

BRR LAVERTON SORT CENTRE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 3 APRIL 2024

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

An application has been made for approval of an enterprise agreement known as the BRR Laverton Sort Centre 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 Build Run Repair (Australia) 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, 193, and 193A as are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this is a minor technical error and that pursuant to s.188(5) it may be disregarded.

The Agreement is approved and in accordance with s.54, will operate from 10 April 2024. The nominal expiry date of the Agreement is 2 April 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Build Run Repair (Australia) Pty Ltd sought approval from the Fair Work Commission for the BRR Laverton Sort Centre Enterprise Agreement 2024. The dispute centred around the fairness and reasonableness of the proposed agreement, with objections raised by the Australian Council of Trade Unions. The Commission was tasked with assessing the agreement against statutory criteria, including whether it facilitated effective workplace relations and provided for proper dispute resolution mechanisms.

The key legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009 and if it was appropriate for the employees covered by the agreement. The Commission examined various aspects of the agreement, including its provisions on wages, conditions, dispute resolution, and other employment matters. It was essential to determine whether the agreement adequately balanced the interests of both the employer and the employees, and if it complied with the statutory requirements for approval.

The Commission found that the proposed agreement met the necessary criteria for approval. It considered the terms and conditions proposed in the agreement to be fair and reasonable, providing an effective framework for workplace relations. The Commission noted that the agreement included provisions for dispute resolution that were compliant with the statutory requirements. Additionally, the Commission was satisfied that the agreement facilitated the efficient operation of the workplace while also protecting the rights and interests of the employees. The Commission approved the BRR Laverton Sort Centre Enterprise Agreement 2024, confirming that it met the statutory requirements and was appropriate for the employees concerned.

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