DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAI Communications Pty Ltd
(AG2018/740)

BAI COMMUNICATIONS BROADCAST TECHNICIAN ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 26 JUNE 2018

Application for approval of the BAI Communications Broadcast Technician Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the BAI Communications Broadcast Technician Enterprise Agreement 2018-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAI Communications Pty Ltd. 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.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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 July 2018. The nominal expiry date of the Agreement is 25 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BAI Communications Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval for the BAI Communications Broadcast Technician Enterprise Agreement 2018-2022. The application involved various stakeholders, including the employer, employees, and unions. The dispute centred on the terms and conditions outlined in the proposed agreement, particularly regarding wages, working conditions, and other employment-related matters.

The legal issues before the court encompassed the validity and enforceability of the proposed agreement. This required scrutiny of whether the agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. Additionally, the court had to determine if the agreement met the "better off overall test" and if it adhered to the principles of good faith bargaining and procedural fairness.

The court, in its reasoning, closely examined the provisions of the proposed agreement and considered submissions from all parties. It found that the agreement was fair and reasonable, meeting the statutory requirements under the Fair Work Act. The court was satisfied that the agreement provided adequate protections for employees and did not disadvantage them. Consequently, the court approved the agreement, finding that it met the necessary standards for endorsement.

BAI Communications Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established