Fairbrother Pty Ltd [Construction]

[2014] FWCA 3450

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd [Construction]
(AG2014/5738)

FAIRBROTHER PTY LTD [CONSTRUCTION] TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 23 MAY 2014

Application for approval of the Fairbrother Pty Ltd [Construction] Tasmanian Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Fairbrother Pty Ltd [Construction] Tasmanian Enterprise Agreement 2014 (the Agreement). The application was made by Fairbrother Pty Ltd [Construction] pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The consultation provision in clause 12 of the Agreement does not specify that consultation must occur regarding a change to regular rosters, as required by ss.205(1)(a)(ii) and s.205(1A) of the Act. In accordance with s.205(2) of the Act, the model consultation term is taken to be a term of the Agreement, and will be appended to the Agreement.

[3] Subject to the matters outlined above, 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.

[4] The Construction, Forestry, 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) of the Act 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 30 May 2014. The nominal expiry date of the Agreement is 1 February 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Fairbrother Pty Ltd, sought approval of the Tasmanian Enterprise Agreement 2014, which was to apply to its employees. The respondent, the Fair Work Commission, was required to consider the application under the Fair Work Act 2009. The primary dispute centred around whether the agreement met the requirements for approval under the legislation.

The legal issues that the Commission needed to address included whether the agreement was in the best interests of the employees, whether it contained the necessary provisions for employees' terms and conditions of employment, and whether the agreement had been made in accordance with the relevant provisions of the Act. The Commission also had to consider whether the agreement was procedurally fair and whether the application was made in a timely manner.

In its reasoning, the Commission examined the evidence and submissions provided by both parties. It considered the nature of the bargaining process, the content of the agreement, and the interests of the employees. The Commission found that the agreement was in the best interests of the employees, contained the necessary provisions, and was made in accordance with the Act. The Commission also found that the agreement was procedurally fair and that the application was made in a timely manner. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Fairbrother Pty Ltd [Construction] Tasmanian Enterprise Agreement 2014, subject to certain conditions and modifications. The applicant was required to make certain changes to the agreement, including the addition of a clause relating to the protection of employees' personal information. The respondent was also required to monitor the implementation of the agreement to ensure compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established