[2020] FWCA 6634

The attached document replaces the document previously issued with the above code on 9 December 2020.

Includes Applicant’s name in headnotes of decision.

Sarah Schooley

Associate to Deputy President Cross

11 December 2020

[2020] FWCA 6634

FAIR WORK COMMISSION

DECISION

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

R & M Brewer Pty Ltd
(AG2020/3351)

R & M BREWER PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT CROSS	SYDNEY, 9 DECEMBER 2020

Application for approval of the R & M Brewer Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the R & M Brewer Pty Ltd Enterprise Agreement 2020 (‘the Agreement’). The application was made by R & M Brewer Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 December 2020. The nominal expiry date of the Agreement is 9 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved R & M Brewer Pty Ltd, a company that had entered into an enterprise agreement with its employees. The dispute centred on the application for the approval of the R & M Brewer Pty Ltd Enterprise Agreement 2020. This matter was heard in the Fair Work Commission, which has jurisdiction over the approval and enforcement of enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement met the statutory requirements for approval, such as whether it provided for direct bargaining, contained mandatory terms, and whether it was free from prohibited content. Additionally, the Commission needed to assess if the agreement had been made in good faith and if the necessary procedural steps had been followed.

The Fair Work Commission determined that the enterprise agreement satisfied the statutory requirements for approval. The Commission found that the agreement had been made through direct bargaining between the employer and the employees, and it contained appropriate mandatory terms. Furthermore, the Commission confirmed that the agreement was free from any prohibited content. The evidence presented demonstrated that the agreement had been negotiated in good faith and that all procedural requirements had been met.

The Fair Work Commission approved the R & M Brewer Pty Ltd Enterprise Agreement 2020, thereby resolving the dispute. The decision confirmed the validity of the agreement, which would now be binding on the parties involved.

R & M Brewer 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