DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

B N Systems Pty Ltd T/A Dipadees
(AG2019/1562)

B.N SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 19 JULY 2019

Application for approval of the B.N Systems Pty Ltd Enterprise Agreement 2019.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by B N Systems Pty Ltd T/A Dipadees (Dipadees) for approval of the B.N Systems Pty Ltd Enterprise Agreement 2019 (the Agreement). The agreement is a single enterprise agreement.

[2] A conference was held in this matter on 2 July 2019, to discuss a number of concerns regarding the proposed Agreement.

[3] Further to the conference in this matter, Dipadees provided draft undertakings and submissions addressing the concerns raised. A signed copy of the undertakings was then provided to Chambers on 8 July 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertakings provided, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 1 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the matter of B N Systems Pty Ltd trading as Dipadees, the applicant sought approval of the B.N Systems Pty Ltd Enterprise Agreement 2019. The application was heard by the Fair Work Commission, which is the relevant body for approving enterprise agreements under the Fair Work Act 2009. The dispute arose from negotiations between the employer and the employees represented by the Retail and Fast Food Workers Union, as well as the Maritime Union of Australia.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. This involved examining the agreement's provisions against the Act's standards, such as minimum wages and conditions, as well as ensuring that the agreement was made in good faith and without coercion.

The Fair Work Commission found that the agreement complied with the statutory requirements. The Commission noted that the agreement provided for fair and reasonable terms and conditions, and that the negotiations were conducted in good faith. The Commission also found that the agreement met the specific needs of the enterprise and its employees, including providing for appropriate wage rates and conditions. Consequently, the Commission approved the B.N Systems Pty Ltd Enterprise Agreement 2019, allowing it to come into effect as per its terms.

B N Systems Pty Ltd T/A Dipadees

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established