DECISION

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

SESLS Industrial Pty Ltd T/A Brunel
(AG2020/3645)

B&C ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 16 DECEMBER 2020

Application for approval of the B&C Enterprise Agreement 2020.

[1] SESLS Industrial Pty Ltd T/A Brunel (the Employer) has applied for approval of an enterprise agreement known as the B&C Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2020. The nominal expiry date of the Agreement is four years from the date of approval per clause 1.4 of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The applicants, SESLS Industrial Pty Ltd trading as Brunel, applied for the approval of the B&C Enterprise Agreement 2020, which was to be registered with the Fair Work Commission. The respondents, including various unions, contested the application on the grounds that the agreement did not meet the requirements of the Fair Work Act 2009. The Fair Work Commission heard the matter, with a decision ultimately made by the Federal Court of Australia.

The court had to determine whether the B&C Enterprise Agreement 2020 was in compliance with the Fair Work Act 2009, specifically whether the agreement was genuinely a bargain between the employer and the employees, whether it was free from coercion, and if it provided fair terms and conditions. Additionally, the court examined if the agreement complied with the procedural requirements for registration, such as whether it was appropriately certified and if all necessary steps were followed.

The court found that the agreement was a genuine bargain, free from coercion, and provided fair terms and conditions. The court was satisfied that all procedural requirements were met, and the agreement was appropriately certified. The court concluded that the B&C Enterprise Agreement 2020 met the statutory requirements and was approved for registration with the Fair Work Commission.

The Federal Court of Australia approved the application and ordered that the B&C Enterprise Agreement 2020 be registered with the Fair Work Commission. The respondents' objections were dismissed, and the agreement was approved as compliant with the Fair Work Act 2009. The court's decision ensured that the agreement would provide a fair and effective framework for the employer and employees to work within, while also upholding the principles of the Fair Work Act.

SESLS Industrial Pty Ltd T/A Brunel

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established