DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2018/1550)

FAIRBROTHER PTY LTD [CONSTRUCTION] SOUTHERN 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 [Construction] Southern Tasmanian Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Construction] Southern 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 Construction, Forestry, Maritime, Mining and Energy Union 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) I note that the Agreement covers the organisation.

[5] 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 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd, an employer, sought approval of the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2018 - 2021 from the Fair Work Commission. The applicant argued that the proposed agreement was in the best interests of the employees and the employer. The dispute was brought before the Fair Work Commission, an Australian federal statutory authority responsible for overseeing and enforcing workplace relations laws.

The central legal issue was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees, taking into account various factors such as fairness, efficiency, productivity, and workplace relations. The Commission also had to consider whether the agreement complied with the requirements of the Fair Work Act, including the prohibition of terms that were less favourable than the applicable awards or registered agreements.

In its decision, the Fair Work Commission examined the terms and conditions of the proposed agreement, considering the input of both parties and the broader context of the industry. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees. The Commission also determined that the agreement complied with the requirements of the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement, finding it to be fair and reasonable, and in the best interests of the employees and the employer.

The Fair Work Commission approved the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2018 - 2021, recognising its compliance with the Fair Work Act and its suitability as a fair and reasonable agreement for the employees and the employer.

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