DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Flint Group Australia Pty Ltd
(AG2018/1535)

BERENDS DRIVE EMPLOYEE COLLECTIVE AGREEMENT 2017-2019

Graphic Arts
COMMISSIONER LEE	MELBOURNE, 30 MAY 2018

Application for approval of the Berends Drive Employee Collective Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Berends Drive Employee Collective Agreement 2017-2019 (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 Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 June 2018. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Flint Group Australia Pty Ltd for the approval of the Berends Drive Employee Collective Agreement 2017-2019. The employees involved were represented by the Australian Manufacturing Workers' Union. The central dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically if it adhered to the provisions for the resolution of disputes and the inclusion of employee representatives.

The primary legal issues before the Commission were whether the agreement contained adequate provisions for the resolution of employee disputes, and whether it included the necessary employee representatives. The Commission had to examine if the agreement met the statutory requirements for dispute resolution and the representation of employees, as outlined in the Fair Work Act. Additionally, the Commission needed to determine if the agreement satisfied the criteria for being a genuine enterprise agreement.

The Fair Work Commission found that the agreement contained appropriate provisions for the resolution of employee disputes, as it included a clear process for escalating issues and mechanisms for mediation and arbitration. The Commission also determined that the agreement included the necessary employee representatives, as it involved discussions and negotiations between the union and the employer. The Commission concluded that the agreement met the statutory requirements and was a genuine enterprise agreement, as it was not made under duress or coercion and reflected a fair representation of the interests of the employees.

Accordingly, the Commission approved the Berends Drive Employee Collective Agreement 2017-2019. The agreement was deemed to be compliant with the provisions of the Fair Work Act, and the Commission found that it provided for the proper resolution of employee disputes and the inclusion of employee representatives. The approval of the agreement ensures that the terms and conditions of employment for the employees at the Berends Drive site are governed by a legally binding and fair collective agreement.

Flint Group Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established