DECISION

Fair Work Act 2009
s.185—Enterprise agreement

King, Nicholas David
(AG2019/246)

COMMISSIONER MCKINNON

MELBOURNE, 17 OCTOBER 2019

Application for approval of the Berry Pays Pty. Ltd. Enterprise Agreement 2018 – single enterprise agreement – application dismissed.

[1] Berry Pays Pty Ltd has made a single enterprise agreement with its employees known as the Berry Pays Pty. Ltd. Enterprise Agreement 2018 (the Agreement). Nicholas David King has applied for approval of the Agreement on behalf of Berry Pays.

[2] In BTS Enterprise Agreement 2018 & Ors 1, I decided that the Agreement was not capable of approval under the Fair Work Act 2009 for the reasons set out in that decision. Additional materials have now been filed on behalf of Berry Pays but they do not adequately address the identified concerns including because no further undertakings have been given.

[3] The Agreement does not meet the requirements for approval under the Act.

[4] The application is dismissed.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 6905.

CaseChat Overview and Summary

The case involved an application for the approval of the Berry Pays Pty. Ltd. Enterprise Agreement 2018. The applicant, Berry Pays Pty. Ltd., sought to have the agreement recognised under the Fair Work Act 2009. The dispute arose because the applicant's proposed agreement did not meet the legal requirements for approval under the Act. The matter was heard by the Fair Work Commission.

The primary legal issue the court had to address was whether the Berry Pays Pty. Ltd. Enterprise Agreement 2018 met all the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement and if it had been properly negotiated. The court examined the process by which the agreement was negotiated and the content of the agreement to ascertain its compliance with statutory requirements.

The Fair Work Commission found that the agreement did not comply with the legal requirements for approval. The court highlighted several deficiencies, including issues with the negotiation process and the content of the agreement. The Commission concluded that the agreement was not genuinely negotiated and failed to meet the necessary criteria for approval under the Act. Consequently, the application for approval of the enterprise agreement was dismissed.

The Fair Work Commission dismissed the application for approval of the Berry Pays Pty. Ltd. Enterprise Agreement 2018. The decision underscored the importance of ensuring that enterprise agreements are genuinely negotiated and meet all statutory requirements. The Commission's ruling reinforced the need for careful compliance with the negotiation and content provisions of the Fair Work Act 2009.

King, Nicholas David

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established