DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B&E Ltd
(AG2015/4457)

B&E ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 SEPTEMBER 2015

Application for approval of the B&E Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the B&E Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by B&E Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Finance Sector Union of Australia 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 2 September 2015 and, in accordance with s.54, will operate from 9 September 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

B&E Ltd, an employer, applied to the Fair Work Commission for approval of an enterprise agreement it had made with its employees. The employees, represented by a union, objected to the proposed agreement, arguing it was unfair and did not comply with relevant legislation. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval.

The primary legal issue the Commission had to address was whether the agreement contained all the mandated terms and conditions and whether it was fair and reasonable. Specifically, the Commission needed to consider if the agreement was made in good faith and if it complied with the Fair Work Act 2009. The Commission also needed to assess if the agreement provided adequate protections for employees, including minimum wage rates, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement contained all the necessary mandated terms and conditions and was made in good faith. It noted that the agreement provided for minimum wage rates and leave entitlements that were at least as favourable as those mandated by the relevant award or the National Employment Standards. The Commission was also satisfied that the dispute resolution mechanisms in the agreement were fair and effective. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Fair Work Commission approved the enterprise agreement and directed that it be registered. The Commission's decision was based on its finding that the agreement met all the legal requirements for approval and provided adequate protections for employees. The decision also noted that the agreement had been made in good faith and was fair and reasonable.

B&E Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established