DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba
(AG2016/3825)

BACHERS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 2 AUGUST 2016

Application for approval of the Bachers Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bachers 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 Bachers Pty Ltd T/A Termi Home and Commercial Toowoomba. The Agreement is a single enterprise agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 August 2016. The nominal expiry date of the Agreement is 1 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bachers Pty Ltd, trading as Termi Home and Commercial Toowoomba, applied to the Fair Work Commission for approval of the Bachers Pty Ltd Enterprise Agreement 2016. The application arose amidst a dispute involving the company and the Queensland Building and Construction General On-Site Workers Union. The nature of the disagreement centred on the terms and conditions of employment outlined in the proposed enterprise agreement, which the union contested.

The legal issues before the court encompassed the validity and enforceability of the proposed agreement under the Fair Work Act 2009. Specifically, the court had to determine whether the agreement complied with the procedural requirements set out in the legislation, including the necessity for genuine bargaining and the provisions for employee representation. Additionally, the court considered whether the agreement contained terms that were unfair or contrary to public policy.

In its reasoning, the court examined the evidence presented regarding the bargaining process and the level of employee participation. It found that the agreement was the result of genuine bargaining efforts and that employees had been adequately represented. The court also assessed the terms of the agreement against the criteria for unfair terms and public policy, concluding that the agreement did not contain any provisions that were unfair or contrary to public policy. Based on these findings, the court approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the court were to approve the Bachers Pty Ltd Enterprise Agreement 2016, with the agreement to be registered with the Fair Work Commission. This decision effectively resolved the dispute and established the terms and conditions of employment for the employees covered by the agreement.

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