DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Burke Industries Pty Ltd
(AG2016/7244)

BURKE INDUSTRIES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 30 DECEMBER 2016

Application for approval of the Burke Industries Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Burke Industries Pty Ltd Enterprise Agreement 2016 - 2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2017. The nominal expiry date of the Agreement is 29 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Burke Industries Pty Ltd was the applicant, seeking approval of the Burke Industries Pty Ltd Enterprise Agreement 2016-2020. The application was made under the Fair Work Act 2009. The Fair Work Commission, as the designated authority, reviewed the application, taking into account the submissions from the applicant and the Fair Work Ombudsman.

The key legal issues before the Commission were whether the agreement met the criteria for registration under section 234 of the Act. This involved assessing whether the agreement contained the required provisions, was made in good faith, and whether the bargaining was genuinely done. The Commission also had to consider if the agreement was in the best interests of the employees and the broader public.

The Commission found that the agreement satisfied all the necessary requirements for approval. It contained the mandatory provisions as stipulated in the Act, including those relating to minimum wages, penalty rates, and leave entitlements. The Commission was satisfied that the agreement had been made in good faith and that the bargaining process was genuine. Additionally, the Commission considered that the agreement was in the best interests of the employees, providing them with fair and reasonable terms and conditions of employment. Accordingly, the Commission approved the agreement.

The final orders of the Commission were that the Burke Industries Pty Ltd Enterprise Agreement 2016-2020 be registered under the Fair Work Act 2009. The agreement was to be treated as if it had been made directly by the parties on the date it was registered.

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