FBF Pty Ltd

[2013] FWCA 124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

FBF Pty Ltd
(AG2012/13158)

FBF PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 8 JANUARY 2013

Application for approval of the FBF Pty Ltd Enterprise Agreement 2012.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 21 December 2012 by FBF Pty Ltd for the approval of a single-enterprise agreement known as the FBF Pty Ltd Enterprise Agreement 2012 (“the Agreement”).

[2] 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] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved FBF Pty Ltd and its employees represented by the Retail and Fast Food Workers Union. The dispute centred on the application for approval of the FBF Pty Ltd Enterprise Agreement 2012. The Union contested certain aspects of the agreement, arguing that it did not comply with the relevant provisions of the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission.

The primary legal issues before the Commission related to whether the agreement contained terms that were unfair, and whether it met the statutory requirements for an enterprise agreement under the Fair Work Act. Specifically, the Union argued that certain clauses in the agreement, which pertained to working hours, shift patterns, and penalty rates, did not comply with the provisions of the Act designed to protect employees' rights. The Union further contended that the agreement did not provide for a sufficient mechanism for resolving disputes between employees and the employer.

The Commission carefully considered the arguments and evidence presented by both parties. In its decision, the Commission found that while some of the clauses in the agreement did not align perfectly with the statutory requirements, they did not render the agreement unfair or invalid. The Commission held that the agreement, as a whole, provided a reasonable balance between the rights of employees and the operational needs of the employer. It was concluded that the agreement contained sufficient provisions for the resolution of disputes and that the terms were not unfair within the meaning of the Act. Accordingly, the application for approval of the agreement was granted. The Commission ordered that the FBF Pty Ltd Enterprise Agreement 2012 be approved as a registered agreement under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established