Fairbrother Pty Ltd

[2022] FWCA 371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2021/8955)

FAIRBROTHER PTY LTD [CONSTRUCTION] NORTH & NORTH WEST TASMANIAN ENTERPRISE AGREEMENT 2022 – 2025

Building, metal and civil construction industries
DEPUTY PRESIDENT EASTON	SYDNEY, 7 FEBRUARY 2022

Application for approval of the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2022 – 2025.

[1] Fairbrother Pty Ltd (the Employer) has made an application for the approval of the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2022 – 2025 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) was a bargaining representative for the Agreement and 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 CFMMEU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2022. The nominal expiry date of the Agreement is 8 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd recently appeared before the Fair Work Commission to seek approval of the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2022-2025. The applicant, Fairbrother Pty Ltd, is an employer in the construction industry, while the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), represents the employees. The dispute centred on the terms and conditions set forth in the proposed enterprise agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of procedural fairness, and whether the agreement provided for appropriate bargaining outcomes. The Commission had to consider if the agreement was made in good faith, if it contained all necessary terms and conditions, and if it complied with the Fair Work Act's provisions on enterprise agreements.

The Fair Work Commission found that the agreement met the necessary standards. The Commission acknowledged the comprehensive process undertaken by the parties to negotiate the agreement and confirmed that the agreement was made in good faith. The terms and conditions of the agreement were found to be fair and reasonable, taking into account the needs and interests of both the employer and the employees. The Commission also determined that the agreement was procedurally sound, with adequate consultation and negotiation processes. Consequently, the Fairbrother Pty Ltd [Construction] North & North West Tasmanian Enterprise Agreement 2022-2025 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established