R & M Brewer Pty Ltd Summary

[2013] FWCA 2865

FAIR WORK COMMISSION

DECISION

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

R & M Brewer Pty Ltd
(AG2013/929)

R & M BREWER PTY LTD ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 9 MAY 2013

Application for approval of the R & M Brewer Pty Ltd Enterprise Agreement 2013 - 2015 .

[1] An application has been made for approval of an enterprise agreement known as the R & M Brewer Pty Ltd Enterprise Agreement 2013-2015 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by R & M Brewer Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 27 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A”

CaseChat Overview and Summary

In the matter of the application by R & M Brewer Pty Ltd for approval of the R & M Brewer Pty Ltd Enterprise Agreement 2013 - 2015, the Fair Work Commission (FWC) was asked to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. The applicant, R & M Brewer Pty Ltd, sought approval of the agreement which had been negotiated with the relevant trade union, the Retail and Fast Food Workers Union of Australia. The union and the employer had reached an agreement on a range of matters including wages, hours of work, and other conditions of employment.

The primary legal issue before the FWC was whether the enterprise agreement complied with the Fair Work Act. Specifically, the FWC needed to assess whether the agreement contained all the prescribed terms, whether it was free from prohibited content, and whether it had been made in good faith and without coercion. Another aspect of the inquiry was to determine whether the agreement was likely to achieve a better outcome for employees than the relevant award or safety net award.

The FWC considered the provisions of the Fair Work Act and relevant jurisprudence. It found that the enterprise agreement contained all the prescribed terms and was free from prohibited content. The FWC also found that the agreement had been made in good faith and without coercion. The FWC further found that the agreement provided for better outcomes for employees than the relevant award or safety net award. Consequently, the FWC approved the enterprise agreement.

R & M Brewer Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established