Build Run Repair (Australia) Pty Ltd Summary

[2024] FWCA 2470

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Build Run Repair (Australia) Pty Ltd

(AG2024/2048)

BRR GILLMAN SORT CENTRE ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 3 JULY 2024

Application for approval of the BRR Gillman Sort Centre Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the BRR Gillman Sort Centre Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Build Run Repair (Australia) Pty Ltd. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 20 March 2024 and the Agreement was made on 23 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

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. Pursuant to s.201(3), 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, 190, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement was approved on 3 July 2024 and, in accordance with s.54 of the Act, will operate from 10 July 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Build Run Repair (Australia) Pty Ltd to have the BRR Gillman Sort Centre Enterprise Agreement 2024 approved. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be certified and registered. The applicant argued that the agreement contained appropriate provisions for the employees' conditions of employment, while no objections were formally raised by the employees.

The primary legal issue before the Commission was whether the proposed enterprise agreement was a “simplified agreement” under section 230 of the Fair Work Act, which would require fewer employee approvals to be valid. The Commission needed to determine whether the agreement contained all the mandatory minimum terms and conditions prescribed by the Act or relevant industrial instrument, and whether it provided for fair and reasonable terms and conditions of employment.

After reviewing the contents of the agreement, the Commission found that the agreement was indeed a simplified agreement as it contained all the mandatory minimum terms and conditions as required by the Fair Work Act. Furthermore, the Commission determined that the agreement provided for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without any coercion. Consequently, the Commission approved the application and certified the BRR Gillman Sort Centre Enterprise Agreement 2024 as meeting the legal requirements for registration.

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