Flint Group Australia Pty Ltd

[2023] FWCA 1335

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Flint Group Australia Pty Ltd

(AG2023/1148)

BERENDS DRIVE ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2023

Application for approval of the Berends Drive Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Berends Drive Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Flint Group Australia Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 10 May 2023 and, in accordance with s 54, will operate from 17 May 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Flint Group Australia Pty Ltd recently sought approval of an enterprise agreement in the Fair Work Commission. The proposed agreement, the Berends Drive Enterprise Agreement 2023, was to govern the employment terms of certain employees within the company. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it was in the best interest of the employees. The application for approval came after the agreement was negotiated between the company and a representative of the employees.

The central legal issues before the Commission were whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act, and if it provided adequate protections for the employees. The procedural requirements included ensuring that the agreement was the product of genuine bargaining and that the employees had been adequately informed about the agreement's terms. The substantive requirements focused on whether the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of the employees and the business. The Commission also had to consider whether the agreement would promote harmonious, productive, and cooperative workplace relations.

The Commission found that the agreement met all the necessary requirements. The negotiation process was deemed genuine, and the employees had been properly informed about the agreement. The terms and conditions were considered fair and reasonable, providing appropriate protections for the employees. The Commission concluded that the agreement would foster a productive and harmonious workplace. Consequently, the Fair Work Commission approved the Berends Drive Enterprise Agreement 2023. The decision was made in the interest of promoting better workplace relations and ensuring that the employees' terms and conditions were fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established