DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd
(AG2018/5292)

FAIRBROTHER PTY LTD [JOINERY] TASMANIAN ENTERPRISE AGREEMENT 2018 - 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT KOVACIC	CANBERRA, 29 MARCH 2019

Application for approval of the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Joinery] 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] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 5 April 2019. The nominal expiry date of the Agreement is 1 July 2021.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fairbrother Pty Ltd is a joinery business based in Tasmania. In this case, the applicant, Fairbrother Pty Ltd, sought approval of the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2018 - 2021, which was entered into between the company and its employees. The application for approval was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The dispute before the Commission was whether the agreement met the requirements for approval under the Act.

The primary legal issue before the Commission was whether the agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement and whether it met the “better off overall test” (BOOT). The BOOT requires that the terms of the agreement provide employees with a safety net of minimum wages and conditions and must not be worse off overall than if the agreement had not been made. The Commission also needed to consider whether the agreement met the requirements for being a simple, fair, and flexible workplace agreement.

The Commission found that the agreement met the requirements for approval under the Fair Work Act. The agreement was a genuine enterprise agreement, and it provided employees with a safety net of minimum wages and conditions. The Commission also found that the agreement met the BOOT, as employees would not be worse off overall if the agreement was made. The Commission noted that the agreement provided for improved wages and conditions for some employees, and it was flexible enough to allow for the negotiation of individual employment terms. The Commission was satisfied that the agreement was simple, fair, and flexible and approved the agreement under the Fair Work Act.

In conclusion, the Fair Work Commission approved the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2018 - 2021. The Commission found that the agreement was a genuine enterprise agreement and met the requirements for approval under the Fair Work Act. The agreement provided employees with a safety net of minimum wages and conditions, and it met the BOOT. The Commission was satisfied that the agreement was simple, fair, and flexible and approved it in its entirety.

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