B.N Systems Pty Ltd ATF Dipadees

[2016] FWCA 2648

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

B.N Systems Pty Ltd ATF Dipadees t/a Dipadees Swim School;

Tumbletastics - Everton Hills; South Pine Swim Squad and Dipadees Dance

(AG2016/2663)

B.N SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2015

Health and welfare services

COMMISSIONER LEE

MELBOURNE, 27 APRIL 2016

Application for approval of the B.N Systems Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

B.N Systems Pty Ltd 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.N Systems Pty

Ltd ATF Dipadees t/a Dipadees Swim School; Tumbletastics – Everton Hills; South Pine

Swim Squad and Dipadees Dance. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work

Regulations 2009 is taken to be a term of the Agreement.
[2016] FWCA 2648

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

4 May 2016. The nominal expiry date of the Agreement is 1 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2648

Annexure A

CaseChat Overview and Summary

B.N Systems Pty Ltd ATF Dipadees, trading as Dipadees Swim School, Tumbletastics - Everton Hills, South Pine Swim Squad, and Dipadees Dance, applied for approval of their 2015 enterprise agreement under section 185 of the Fair Work Act 2009. The application was before Commissioner Lee in Melbourne on 27 April 2016. The enterprise agreement, known as the B.N Systems Pty Ltd Enterprise Agreement 2015, aimed to establish terms and conditions of employment for the company's employees. The primary legal issue before the Commissioner was whether the application for approval of the enterprise agreement met the statutory requirements under the Fair Work Act 2009.

The Commissioner found that the applicant had provided written undertakings that satisfied the conditions set out in sections 186, 187, 188, and 190 of the Act. These sections relate to the process and requirements for the approval of an enterprise agreement. The Commissioner was satisfied that the undertakings would not cause financial detriment to employees nor result in substantial changes to the agreement. Additionally, the Commissioner noted that the model flexibility term prescribed by the Fair Work Regulations 2009 would be incorporated into the agreement. Consequently, the Commissioner approved the enterprise agreement, which will operate from 4 May 2016, with a nominal expiry date of 1 January 2018.

The court's decision was based on the applicant's compliance with the statutory requirements for approving an enterprise agreement. The Commissioner concluded that the application met all necessary criteria and that the agreement would not negatively impact employees. The approval of the agreement signifies that the terms and conditions outlined within will govern the employment relationship between the company and its employees until the agreement expires.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established