Fairbrother Pty Ltd [Joinery] Summary

[2014] FWCA 3520

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fairbrother Pty Ltd [Joinery]
(AG2014/891)

FAIRBROTHER PTY LTD [JOINERY] TASMANIAN ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 MAY 2014

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

[1] An application has been made for approval of an enterprise agreement known as the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2014 (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 [Joinery]. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 May 2014 and, in accordance with s.54, will operate from 3 June 2014. The nominal expiry date of the Agreement is 1 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fairbrother Pty Ltd, an employer in the Tasmanian joinery industry, applied to the Fair Work Commission for the approval of the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2014. The application arose from a dispute between the employer and the employees regarding the terms and conditions of their employment, specifically related to wages, hours, and other employment conditions. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement provided for the payment of minimum rates of pay, included a mechanism for resolving disputes between the parties, and complied with other statutory requirements for enterprise agreements. The Commission had to assess whether the agreement achieved the objective of ensuring that employees were not disadvantaged by the terms of the agreement and whether it provided for a fair and efficient workplace.

After considering the evidence and submissions from both parties, the Commission found that the agreement met the statutory requirements for approval. The agreement provided for the payment of minimum rates of pay and included a dispute resolution mechanism. The Commission also found that the agreement did not disadvantage employees and provided for a fair and efficient workplace. The Commission approved the Fairbrother Pty Ltd [Joinery] Tasmanian Enterprise Agreement 2014, and it became a legally binding enterprise agreement between the employer and the employees.

Fairbrother Pty Ltd [Joinery]

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established