DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2018/1466)

FAIRBROTHER PTY LTD [FACILITY MANAGEMENT] TASMANIAN ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JULY 2018

Application for approval of the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Fairbrother 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 July 2018. The nominal expiry date of the Agreement is 1 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Fairbrother Pty Ltd and its employees, represented by their union. The dispute was regarding the approval of the [Facility Management] Tasmanian Enterprise Agreement 2018-2021, which was submitted for endorsement by the Fair Work Commission (FWC). The matter was heard in the Federal Court of Australia.

The central legal issues before the court were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement was genuinely negotiated, and whether it complied with the procedural requirements set out in the Act. Additionally, the court had to consider whether the agreement was in the best interests of the employees it was intended to cover.

The court examined the evidence and submissions provided by both parties. It found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. The court also determined that the process followed in reaching the agreement complied with the statutory requirements. Consequently, the court approved the agreement, finding it to be in the best interests of the employees. The decision was based on the comprehensive analysis of the agreement's provisions and the evidence presented by both the employer and the union.

The final orders of the court were to approve the [Facility Management] Tasmanian Enterprise Agreement 2018-2021 as an enterprise agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the court's decision until the end of its term, unless terminated earlier in accordance with the provisions of the Act.

Fairbrother 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