DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flint Group Australia Pty Ltd
(AG2020/1170)

BERENDS DRIVE ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 29 MAY 2020

Application for approval of the Berends Drive Enterprise Agreement 2020.

[1] Flint Group Australia Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the Berends Drive Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Mr Brad Horina and Mr Milorad Trajkovic as employee bargaining representatives for the Agreement. Mr Horina and Mr Trajkovic have lodged Form F18A statutory declarations in support of the approval of the Agreement.

[3] 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.

[4] 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.

[5] Upon lodgement, the sub-clauses of clause 31 of the Agreement contained numbering errors. Amended copies of pages 17 and 18 of the Agreement were provided by the Employer rectifying the numbering errors on 26 May 2020. In the circumstances, I am satisfied that the amendment should be allowed and that it is appropriate to do so pursuant to s 586 of the Act.

[6] The application was not lodged within 14 days after the Agreement was made. The Employer provided submissions upon lodgement on 24 April 2020 as to the explanation for the late lodgement. On the basis of those submissions, pursuant to s 185(3)(b) of the Act, in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[7] I observe that clauses 27.2, 31.1(d) and 31.4 of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting the undertaking provided by the Employer, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[8] The Agreement was approved on 29 May 2020 and, in accordance with s 54, will operate from 5 June 2020. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Flint Group Australia Pty Ltd to have the Berends Drive Enterprise Agreement 2020 approved. The applicant, Flint Group Australia, sought to have the agreement registered under the Fair Work Act 2009, as it had been negotiated in good faith and met the statutory requirements for enterprise agreements. The dispute centred on whether the agreement appropriately covered the relevant employees and whether it contained all the necessary minimum terms and conditions as stipulated by the Act.

The legal issues before the Commission were primarily concerned with the validity and compliance of the proposed agreement with the requirements of the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated, whether it provided for minimum terms and conditions, and whether it was free from prohibited content. Additionally, the Commission needed to consider whether the agreement was made in accordance with the Act's provisions for good faith bargaining and whether it appropriately addressed the needs and interests of the employees involved.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It considered the process by which the agreement was negotiated, the content of the agreement, and whether it met the statutory requirements for enterprise agreements. The Commission found that the agreement was genuinely negotiated in good faith and contained all the necessary minimum terms and conditions. It also found that the agreement was free from prohibited content and appropriately addressed the needs and interests of the employees. Consequently, the Commission approved the Berends Drive Enterprise Agreement 2020, allowing it to be registered and thereby enforceable under the Fair Work Act 2009.

As a result of the Commission's approval, the Berends Drive Enterprise Agreement 2020 was registered, and the application by Flint Group Australia Pty Ltd was successful. The agreement is now legally binding on the parties and enforceable under the Fair Work Act 2009, providing a framework for the terms and conditions of employment for the relevant employees.

Flint Group Australia Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established