DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2018/1464)

FAIRBROTHER PTY LTD [CONSTRUCTION] NORTH & NORTH WEST 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] North & North West Tasmanian Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Construction] North & North West 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 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd applied to the Fair Work Commission to approve an enterprise agreement with its employees. The respondents, including various unions, contested the application on various grounds, including concerns over the agreement's compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the criteria for approval under the Act, including whether it provided for fair and reasonable terms and conditions of employment.

The central legal issues before the Commission involved whether the agreement complied with the statutory requirements for enterprise agreements. This included whether the agreement covered all necessary terms and conditions, if it provided for fair and reasonable terms, and whether it was made in good faith. The Commission needed to consider whether the agreement met the threshold of being "better off overall" for the employees and whether it adhered to the procedural requirements for enterprise agreements under the Act.

The Commission found that the agreement contained all necessary terms and conditions and provided for fair and reasonable terms of employment. The Commission concluded that the agreement was made in good faith and met the "better off overall" test. The procedural requirements for the agreement's making were also met. As a result, the Commission approved the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2018 - 2021.

The Fair Work Commission approved the application and authorised the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2018 - 2021. This decision was made under the Fair Work Act 2009, recognising the agreement as meeting the necessary statutory criteria for approval.

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