Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros

[2023] FWCA 1713

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros

(AG2023/1703)

APPLICATION FOR APPROVAL OF THE CLEARY BROS (BOMBO) PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2022

Manufacturing and associated industries
COMMISSIONER JOHNS	MELBOURNE, 14 JUNE 2023

Application for approval of the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the CLEARY BROS (BOMBO) PTY LTD WORKSHOP EMPLOYEES ENTERPRISE AGREEMENT 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros. The Agreement is a single enterprise agreement.

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.

The Agreement lodged with the Fair Work Commission did not reference several clauses in the Table of Contents. On 13 June 2023, the Applicant filed an amended Table of Contents page rectifying the error, and explaining that the omission occurred due to a formatting error. I am satisfied employees covered by the Agreement were not likely to have been disadvantaged by the error and that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 2023. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Cleary Bros (Bombo) Pty Ltd T/A Cleary Bros, the applicant, a construction company, sought approval from the Fair Work Commission for the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2022. The agreement in question pertains to the terms and conditions of employment for employees within the workshop division of the company. The application was made under the Fair Work Act 2009, which mandates that certain agreements must receive approval from the Fair Work Commission before they can be enforced. The dispute centred on whether the proposed agreement complied with the statutory requirements and if it appropriately balanced the interests of the employees and the employer.

The primary legal issues the court needed to address were whether the agreement met the criteria for registration as a low-standard enterprise agreement and whether it adhered to the provisions of the Fair Work Act. Specifically, the court had to determine if the agreement provided fair and reasonable terms for the employees and whether it included the mandated minimum entitlements. Additionally, the court examined whether the application process followed the correct procedural steps and if the agreement was genuinely negotiated between the employer and the employees.

The Fair Work Commission, in its decision, assessed the agreement against the statutory requirements and found that it did indeed meet the criteria for a low-standard enterprise agreement. The Commission determined that the agreement provided fair and reasonable terms and conditions for the employees, including appropriate minimum entitlements. The Commission also found that the application process was procedurally sound and that the agreement was genuinely negotiated. Consequently, the Commission approved the Cleary Bros (Bombo) Pty Ltd Workshop Employees Enterprise Agreement 2022, allowing it to be enforced as a binding enterprise agreement between the employer and the employees.

The final orders of the Commission included the approval of the agreement, effective from the date of the decision, and mandated that the employer implement the terms of the agreement. The Commission also directed that the employer provide the Fair Work Ombudsman with the necessary documentation to ensure compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established