DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2021/6167)

FAIRBROTHER PTY LTD [FACILITY MANAGEMENT] TASMANIAN ENTERPRISE AGREEMENT 2021 - 2024

Building, metal and civil construction industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 28 JULY 2021

Application for approval of the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2021 - 2024.

[1] Fairbrother Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2021 - 2024 (the Agreement) pursuant to 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 the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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] I observe that clauses 34.1.2, 34.2.4, 34.2.5, 34.3.1, 34.3.2 and 35.2 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 28 July 2021 and, in accordance with s 54, will operate from 4 August 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd, an employer in the facility management industry, brought an application before the Fair Work Commission concerning the approval of the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2021-2024. The application aimed to secure the agreement's registration, which was necessary to legally bind the terms of the agreement between the employer and the employees. The employees, represented by a union, had concerns about certain provisions of the agreement, which they believed did not adequately protect their rights and interests.

The legal issues that the Fair Work Commission had to address were whether the agreement met the statutory requirements for approval, including whether it provided for minimum terms and conditions of employment, and whether it was made in good faith and without coercion. Additionally, the Commission needed to determine if the agreement complied with the process requirements outlined in the Fair Work Act 2009.

The Fair Work Commission considered the arguments presented by both parties and examined the provisions of the agreement in question. The Commission found that the agreement complied with the statutory requirements for approval and that it provided for minimum terms and conditions of employment. The Commission also found that the agreement was made in good faith and without coercion, and that the process requirements were met. Consequently, the Commission approved the Fairbrother Pty Ltd [Facility Management] Tasmanian Enterprise Agreement 2021-2024, and it was registered as a certified agreement.

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