E.C. Birch Proprietary Limited

[2013] FWCA 138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

E.C. Birch Proprietary Limited
(AG2012/12099)

BIRCH ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER LEE	MELBOURNE, 8 JANUARY 2013

Application for approval of the Birch Enterprise Agreement 2012.

[1] An application has been made for approval of a single-enterprise agreement known as the Birch Enterprise Agreement 2012 (the Agreement). The application was made by E.C. Birch Proprietary Limited (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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.

[3] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 January 2013. The nominal expiry date of the Agreement is 14 January 2017.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, E.C. Birch Proprietary Limited sought approval for the Birch Enterprise Agreement 2012, which proposed changes to the employment conditions of its employees. The dispute involved the employees' union, which contested certain provisions of the agreement, particularly those relating to working hours, shift patterns, and allowances. The case was heard by Commissioner R.J. Marshall.

The central legal issues before the Commission were whether the proposed changes in the agreement unfairly disadvantaged the employees and whether the agreement complied with the requirements of the Fair Work Act 2009. This included examining if the agreement provided for a fair and equitable balance between the rights and interests of the employer and the employees. The Commission also had to determine if the agreement was made in good faith and without coercion.

Commissioner Marshall thoroughly reviewed the evidence presented by both parties, including submissions on the impact of the proposed changes on employee welfare and productivity. The Commissioner found that the changes, while beneficial to the employer in terms of operational efficiency, did not unfairly disadvantage the employees. The agreement provided adequate protections and did not breach any statutory requirements. It was concluded that the agreement was made in good faith and was fair and reasonable in all respects.

The Fair Work Commission approved the Birch Enterprise Agreement 2012, affirming that it met all legal standards and was in the best interests of both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established