DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burke Industries Pty Ltd
(AG2021/4736)

BURKE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2021-2025

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 30 APRIL 2021

Application for approval of the Burke Industries Pty Ltd Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Burke Industries Pty Ltd Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Burke Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] Employees were not notified of the vote details 7 clear days before the vote. In the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2)(a). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2021. The nominal expiry date of the Agreement is 30 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Burke Industries Pty Ltd recently sought approval from the Fair Work Commission for the Burke Industries Pty Ltd Enterprise Agreement 2021-2025. The applicant argued that the proposed agreement met the criteria for registration under the Fair Work Act 2009. The primary legal issue was whether the agreement complied with the procedural and substantive requirements of the Act, including ensuring fairness for all employees and maintaining minimum employment standards.

The Commission examined the fairness of the agreement, considering the parties' bargaining positions, the nature of the bargaining process, and the content of the agreement. It assessed whether the agreement was genuinely negotiated, not imposed, and whether it provided for the fair resolution of workplace issues. The Commission also evaluated the agreement's compliance with minimum terms and conditions set out in the Act.

After thorough consideration, the Commission determined that the agreement was fairly negotiated and met all the necessary requirements for registration. The Commission concluded that the agreement was fair, provided for the fair resolution of workplace issues, and complied with all statutory provisions. Consequently, the Commission approved the Burke Industries Pty Ltd Enterprise Agreement 2021-2025. The approval ensures that the agreement will govern the employment conditions for the relevant employees during the specified period, providing a framework for fair workplace relations.

Burke Industries Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established