Fleetwood VIC & QLD Pty Ltd T/A Fleetwood Australia

[2022] FWCA 4063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Fleetwood VIC & QLD Pty Ltd T/A Fleetwood Australia

(AG2022/4686)

Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 18 NOVEMBER 2022

Application for approval of the Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022

Fleetwood VIC & QLD Pty Ltd has made an application for the approval of an enterprise agreement known as the Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, 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.

The Agreement was approved on 18 November 2022 and, in accordance with s 54, will operate from 25 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Fleetwood VIC & QLD Pty Ltd, trading as Fleetwood Australia, which sought approval for the Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022. The parties in this case were Fleetwood Australia and the Australian Council of Trade Unions. The dispute centred on the procedural fairness and merits of the enterprise bargaining agreement, with a particular focus on whether the agreement was made in good faith and whether it adequately protected the rights and interests of the employees.

The primary legal issues the court needed to decide were whether the agreement was genuinely negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement was made in good faith and whether it adequately protected the rights and interests of the employees. The court's analysis involved examining the process of negotiation, the content of the agreement, and the adherence to statutory requirements.

In examining the evidence, the court found that the enterprise bargaining agreement was genuinely negotiated and that the process complied with the statutory requirements. The agreement was deemed to be made in good faith, as there was no evidence of bad faith or procedural unfairness. The court also concluded that the agreement adequately protected the rights and interests of the employees, as it contained provisions that aligned with the principles of the Fair Work Act. Consequently, the court approved the Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022.

The final orders of the court were to approve the Fleetwood Australia (Queensland) Enterprise Bargaining Agreement 2022, recognising it as a registered agreement under the Fair Work Act 2009. This decision confirmed that the agreement was valid and enforceable, providing a framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established