DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers’ Union
(AG2020/1075)

AUSTRALIAN BRUSHWARE PTY LTD & UNITED WORKERS UNION COMPREHENSIVE AGREEMENT 2019

Storage services
COMMISSIONER WILSON	MELBOURNE, 18 MAY 2020

Application for approval of the Australian Brushware Pty Ltd & United Workers Union Comprehensive Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Australian Brushware Pty Ltd & United Workers Union Comprehensive Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by United Workers’ Union. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Form F18 Statutory Declaration filed by the United Workers’ Union on 16 April 2020 was not physically signed in the presence of an authorised witness as required by the Fair Work Commission Rules 2013. I am satisfied that it is appropriate to dispense with the requirement for the statutory declaration to be signed in the presence of an authorised witness pursuant to Rule 6 of the Fair Work Commission Rules 2013.

[4] 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.

[5] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 May 2020. The nominal expiry date of the Agreement is 12 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of an application for approval of the Australian Brushware Pty Ltd & United Workers Union Comprehensive Agreement 2019, the parties involved were Australian Brushware Pty Ltd and the United Workers’ Union. The dispute arose in relation to the approval of an enterprise agreement, which was submitted to the Fair Work Commission for approval under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval and if it was in the best interests of the employees covered by the agreement.

The central legal issues that the court had to address were whether the agreement was a genuine enterprise agreement, whether it included all the necessary terms and conditions, and if it was fair and reasonable. The court also had to consider whether the agreement met the requirements of the Fair Work Act, including the provision of procedural fairness to the parties involved. The court had to ensure that the agreement was not contrary to public policy and did not undermine the rights of employees.

The Fair Work Commission found that the agreement met the criteria for approval. The court was satisfied that the agreement was a genuine enterprise agreement that had been negotiated in good faith. The court also found that the agreement contained all the necessary terms and conditions and was fair and reasonable. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and provided procedural fairness to the parties involved. The court determined that the agreement was not contrary to public policy and did not undermine the rights of employees.

The Fair Work Commission approved the Australian Brushware Pty Ltd & United Workers Union Comprehensive Agreement 2019. The court ordered that the agreement be registered and become a legally binding enterprise agreement between the parties. The decision was made in the interests of the employees covered by the agreement and provided them with fair and reasonable terms and conditions of employment.

United Workers’ Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established