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austlii:cth/FWCA/2024/2470
appellant. The BRR Gillman Sort Centre Enterprise Agreement 2024 was approved on 3 July 2024 and will operate from 10 July 2024 with a nominal expiry date of 2 July 2027.
The Fair Work Commission approved an enterprise agreement for Build Run Repair (Australia) Pty Ltd covering employees at its Gillman Sort Centre. The agreement was made after 6 June 2023, so the current rules for genuine agreement and the better off overall test applied. The employer gave undertakings that were accepted as they wouldn't disadvantage employees or substantially change the agreement. Although the agreement didn't cover all company employees, the group covered was fairly chosen. The agreement will operate from 10 July 2024 until 2 July 2027.
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2 cited instruments linked from this judgment.
s.185 - Enterprise agreement
BRR GILLMAN SORT CENTRE ENTERPRISE AGREEMENT 2024
Application for approval of the BRR Gillman Sort Centre Enterprise Agreement 2024.
[1] An application has been made for approval of an enterprise agreement known as the BRR Gillman Sort Centre Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Build Run Repair (Australia) Pty Ltd. The Agreement is a single enterprise agreement.
[2] The notification time for the Agreement under s.173(2) was 20 March 2024 and the Agreement was made on 23 May 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
[3] 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. Pursuant to s.201(3), the undertakings are taken to be a term of the Agreement.
[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A 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 the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
[5] The Agreement was approved on 3 July 2024 and, in accordance with s.54 of the Act, will operate from 10 July 2024. The nominal expiry date of the Agreement is 2 July 2027.
[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
Printed by authority of the Commonwealth Government Printer
The BRR Gillman Sort Centre Enterprise Agreement 2024 was approved on 3 July 2024 and will operate from 10 July 2024 with a nominal expiry date of 2 July 2027.