Fairbrother Pty Ltd

[2024] FWCA 3829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fairbrother Pty Ltd

(AG2024/3842)

FAIRBROTHER PTY LTD [CONSTRUCTION] SOUTHERN TASMANIAN ENTERPRISE AGREEMENT 2024 - 2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 NOVEMBER 2024

Application for approval of the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2024 - 2028

Fairbrother Pty Ltd has made an application for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2024 - 2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 1 November 2024.

DEPUTY PRESIDEN
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision, Fairbrother Pty Ltd, the Fair Work Commission was tasked with considering the approval of the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2024 - 2028. The dispute centred on the proposed terms and conditions of employment outlined in the agreement, with concerns raised by various stakeholders regarding the fairness and reasonableness of the proposed conditions.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable, and met the requirements set out in the Fair Work Act 2009. This involved an examination of the agreement's compliance with the 'better off overall test', which requires that the proposed agreement be at least as good as the existing award or agreement, and that the employees would be better off overall if the agreement was accepted.

The Commission conducted a thorough analysis of the proposed agreement, taking into account the submissions from both the employer and the employees' representatives. The Commission found that the proposed agreement met the 'better off overall test', and was fair and reasonable. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased wages and better working conditions. The Commission also found that the agreement was in line with broader economic and social policy objectives, such as promoting productivity and encouraging fair and harmonious workplace relations.

The Commission approved the Fairbrother Pty Ltd [Construction] Southern Tasmanian Enterprise Agreement 2024 - 2028, subject to certain conditions. The agreement will now come into effect on the date of the Commission's decision, and will apply to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established