DECISION

Fair Work Act 2009
s.185—Enterprise agreement

JC Brown - Blakiston & Shortell Pty Ltd
(AG2015/7088)

JC BROWN - BLAKISTON & SHORTELL PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 27 JANUARY 2016

Application for approval of the JC Brown - Blakiston & Shortell Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the JC Brown - Blakiston & Shortell Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by JC Brown - Blakiston & Shortell 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 27 January 2016 and, in accordance with s.54, will operate from 3 February 2016. The nominal expiry date of the Agreement is 3 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, JC Brown, a transport company, and Blakiston & Shortell Pty Ltd, an association representing workers, sought approval of the JC Brown - Blakiston & Shortell Pty Ltd Enterprise Agreement 2015. The agreement sought to regulate the terms and conditions of employment for certain workers of the company. The primary issue before the Commission was whether the agreement provided for the fair and reasonable terms and conditions of employment, as required by section 230 of the Fair Work Act 2009. In particular, the Commission needed to determine whether the agreement contained appropriate provisions for employee entitlements, such as annual leave and redundancy pay, and whether the agreement adequately protected employees' rights and interests.

The Commission considered the submissions from both parties, as well as the relevant legislative provisions and case law. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, as it contained provisions for annual leave, redundancy pay, and other benefits, and provided for the protection of employees' rights and interests. The Commission also noted that the agreement had been negotiated in good faith and that there was no evidence of any undue influence or coercion. The Commission concluded that the agreement met the requirements of section 230 of the Fair Work Act 2009, and approved the agreement.

As a result, the JC Brown - Blakiston & Shortell Pty Ltd Enterprise Agreement 2015 was approved by the Fair Work Commission, and the terms and conditions of employment for the workers covered by the agreement were regulated by the provisions of the agreement. The Commission's decision provides guidance for employers and employees in negotiating and approving enterprise agreements, and reinforces the importance of fair and reasonable terms and conditions of employment.

JC Brown - Blakiston & Shortell 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