DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Byrnecut Australia Pty Ltd
(AG2021/5355)

BYRNECUT AUSTRALIA ENTERPRISE AGREEMENT 2021

Mining industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2021

Application for approval of the Byrnecut Australia Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Byrnecut Australia Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Byrnecut Australia 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] I note that several Clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 June 2021. The nominal expiry date of the Agreement is 16 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Byrnecut Australia Pty Ltd and its employees, represented by a union. The dispute centred around the approval of the Byrnecut Australia Enterprise Agreement 2021. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the requirements set out in the Fair Work Act 2009. This involved assessing the agreement's procedural fairness, as well as its substantive provisions. The union argued that the agreement did not adequately protect employees' rights, while the employer contended that the agreement was fair and reasonable.

The Commission found that, while there were procedural shortcomings in the way the agreement was negotiated, the substantive terms of the agreement were fair and reasonable. The Commission determined that the employer had made efforts to address the procedural issues and that the overall fairness of the agreement was not compromised. Consequently, the Commission approved the Byrnecut Australia Enterprise Agreement 2021, finding that it met the necessary legal standards.

The Fair Work Commission approved the Byrnecut Australia Enterprise Agreement 2021, with certain conditions attached to address the identified procedural issues. The employer was required to take specific steps to remedy the procedural deficiencies and ensure compliance with the Fair Work Act in future negotiations.

Byrnecut Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established