DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B & B Steelfixing (Qld) Pty Ltd
(AG2016/6050)

B & B STEELFIXING (QLD) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 7 NOVEMBER 2016

Application for approval of the B & B STEELFIXING (QLD) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the B & B STEELFIXING (QLD) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B & B Steelfixing (Qld) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 November 2016. The nominal expiry date of the Agreement is 6 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the case of B & B Steelfixing (Qld) Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the B & B Steelfixing (Qld) Pty Ltd Enterprise Agreement 2016. The applicant, B & B Steelfixing (Qld) Pty Ltd, sought the commission's approval of the enterprise agreement, which aimed to establish terms and conditions of employment for employees within the company. The nature of the dispute centred on the validity and fairness of the proposed agreement, with specific attention given to its compliance with the requirements of the Fair Work Act 2009.

The legal issues before the commission included whether the enterprise agreement was genuinely negotiated, if it complied with the procedural requirements of the Fair Work Act, and if it met the "better off overall test". The commission also had to determine whether the agreement provided fair and reasonable terms and conditions of employment, including matters such as wages, hours of work, and other employment-related matters. Additionally, the commission needed to consider whether the agreement appropriately addressed the needs of both the employer and the employees, and if it provided a fair balance of rights and obligations.

In reaching its decision, the commission examined the evidence provided by both parties, including the negotiation process and the content of the agreement. The commission found that the enterprise agreement was genuinely negotiated between the parties, as evidenced by the submissions and documentation provided. The commission also determined that the agreement met the procedural requirements of the Fair Work Act and satisfied the better off overall test. The commission concluded that the agreement provided fair and reasonable terms and conditions of employment, and appropriately balanced the rights and obligations of both the employer and the employees. As a result, the commission approved the B & B Steelfixing (Qld) Pty Ltd Enterprise Agreement 2016.

B & B Steelfixing (Qld) Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established