Warren & Brown Technologies Pty Ltd

[2014] FWCA 6045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warren & Brown Technologies Pty Ltd
(AG2014/7297)

WARREN & BROWN TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 2 SEPTEMBER 2014

Application for approval of the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Warren & Brown Technologies Pty Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54(1), will operate from 9 Sept

[4] 2014. The nominal expiry date of the Agreement is 8 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Warren & Brown Technologies Pty Ltd sought approval of an enterprise agreement with its employees under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court. The primary dispute revolved around whether the agreement met the statutory criteria for approval, particularly focusing on the process by which it was negotiated and whether it adequately protected the interests of employees.

The court needed to determine if the enterprise agreement was genuinely negotiated between the employer and the employees, if it contained the required minimum terms and conditions, and if it was otherwise compliant with the provisions of the Fair Work Act. A key issue was whether the agreement was made in good faith and if the negotiation process was free from any unfair labour practices or coercion.

The Federal Circuit Court found that the enterprise agreement was indeed the product of genuine negotiation and contained all the mandatory terms and conditions stipulated by the Act. The court concluded that the process was conducted in good faith and did not involve any unfair practices. The agreement was thus approved under the Fair Work Act, ensuring that the employees' rights were protected and that the terms of employment were fairly negotiated.

The court ordered the approval of the Warren & Brown Technologies Pty Ltd Enterprise Agreement 2014. The agreement was to be registered and would have effect as a registered agreement under the Fair Work Act, binding both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established