DECISION

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

Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba
(AG2015/1158)

BACHERS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 22 MAY 2015

Application for approval of the Bachers Pty Ltd Enterprise Agreement 2015.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 18 May 2015 by Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba for the approval of a single-enterprise agreement known as the Bachers Pty Ltd Enterprise Agreement 2015(“the Agreement”).

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

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba applied to the Fair Work Commission for approval of the Bachers Pty Ltd Enterprise Agreement 2015. The application was opposed by the Queensland Building and Construction General On-Site Workers Union. The dispute centred around the validity and fairness of the proposed enterprise agreement, particularly regarding its provisions on pay rates and conditions for employees.

The legal issues before the court involved assessing whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the minimum pay rates and conditions, and whether it was free from prohibited content. Additionally, the court had to consider whether the agreement had been genuinely negotiated and whether it met the requirement of being in the best interests of the employees.

The Fair Work Commission found that the proposed agreement did meet the criteria for approval. The Commission determined that the pay rates and conditions provided in the agreement were fair and met the minimum standards required by law. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated and in the best interests of the employees. The Commission highlighted that the agreement provided for certain improvements to the employees' conditions, including the introduction of a penalty rate for Sunday work. Based on these findings, the Commission approved the enterprise agreement.

Accordingly, the Fair Work Commission approved the Bachers Pty Ltd Enterprise Agreement 2015, and the application was dismissed.

Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established