Rodney Burles

[2022] FWCA 3033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Rodney Burles

(AG2022/3468)

Degree C Pty Ltd Enterprise Agreement 2022 – 2026 [Fabrication Division]

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 SEPTEMBER 2022

Application for approval of the Degree C Pty Ltd Enterprise Agreement 2022 –2026 [Fabrication Division]

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Rodney Burles, the employer bargaining representative appointed by Degree C Pty Ltd, for approval of a single enterprise agreement known as the Degree C Pty Ltd Enterprise Agreement 2022 –2026 [Fabrication Division] (the Agreement).

The employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 September 2022. The nominal expiry date of the Agreement is 26 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Rodney Burles was a party to an application before the Fair Work Commission for approval of an enterprise agreement. The application involved the Degree C Pty Ltd Enterprise Agreement 2022-2026, specifically for the Fabrication Division of the company. The dispute centred around the provisions of the proposed agreement and whether it complied with the relevant industrial legislation. The Fair Work Commission was tasked with reviewing the agreement to determine if it met the necessary criteria for approval.

The primary legal issues that the Fair Work Commission needed to address were whether the proposed agreement provided for the mandatory matters as required by the Fair Work Act 2009 and whether it complied with the "better off overall test". The Commission also needed to consider if the agreement facilitated a simpler and more efficient industrial relations system and if it was made in good faith and without coercion. Furthermore, the Commission had to ensure that the agreement did not undermine the operation of the Act or the principles of the national workplace relations system.

The Fair Work Commission carefully examined the provisions of the proposed agreement against the legislative requirements. It found that the agreement addressed the mandatory matters and provided for a simpler and more efficient industrial relations system. The Commission was satisfied that the agreement was made in good faith and without coercion. The Commission concluded that the proposed agreement was consistent with the principles of the national workplace relations system and met the better off overall test. Therefore, the application for approval was successful.

The Fair Work Commission approved the Degree C Pty Ltd Enterprise Agreement 2022-2026 for the Fabrication Division. The agreement was deemed to be compliant with the Fair Work Act 2009 and met all the necessary criteria for approval. The Commission's decision was based on its finding that the agreement provided for the mandatory matters, facilitated a simpler and more efficient industrial relations system, and was made in good faith and without coercion. Additionally, the Commission found that the agreement did not undermine the operation of the Act or the principles of the national workplace relations system and satisfied the better off overall test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established