Flint Group Australia Pty Ltd

[2014] FWCA 7305

FAIR WORK COMMISSION

DECISION

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

Flint Group Australia Pty Ltd
(AG2014/9222)

BERENDS DRIVE EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Graphic Arts
COMMISSIONER CRIBB	MELBOURNE, 16 OCTOBER 2014

Application for approval of the Berends Drive Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Berends Drive Employee Collective Agreement 2014-2017 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 16 October 2014 and, in accordance with s.54, will operate from 23 October 2014. The nominal expiry date of the Agreement is 8 September 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flint Group Australia Pty Ltd applied to the Fair Work Commission for approval of the Berends Drive Employee Collective Agreement 2014-2017. The application was made by Flint Group Australia Pty Ltd, and the respondents included the Australian Manufacturing Workers Union. The dispute revolved around the terms and conditions of employment specified in the proposed collective agreement, which was intended to cover employees at the Berends Drive site for the period from 2014 to 2017.

The legal issues before the Commission included whether the proposed agreement complied with the provisions of the Fair Work Act 2009, including the requirement that it be in the best interests of the employees and not contain terms that were contrary to public policy. The Commission also needed to determine whether the agreement met the criteria for being a "low paid" agreement, which could potentially exempt it from certain aspects of the Act. Furthermore, the Commission had to consider whether the agreement appropriately balanced the interests of the employer and the employees.

The Commission found that the proposed agreement was generally in the best interests of the employees, as it included provisions that were fair and reasonable, and did not contain any terms that were contrary to public policy. The Commission also determined that the agreement met the criteria for being a "low paid" agreement, as the majority of the employees covered by the agreement were paid below the relevant threshold. The Commission concluded that the agreement appropriately balanced the interests of both the employer and the employees, and approved the application for the agreement to be registered.

The Commission's decision was communicated to the parties, and the Berends Drive Employee Collective Agreement 2014-2017 was approved and registered. This outcome allowed the agreement to take effect, providing certainty and stability in the employment terms and conditions for the employees at the Berends Drive site during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established