Bajek Pty Limited

[2013] FWCA 219

FAIR WORK COMMISSION

DECISION

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

Bajek Pty Limited
(AG2012/12881)

BAJEK PTY LTD ENTERPRISE AGREEMENT 2012

Social, community, home care and disability services
COMMISSIONER MCKENNA	SYDNEY, 10 JANUARY 2013

Application for approval of the Bajek Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Bajek Pty Ltd Enterprise Agreement 2012 (“the Agreement”). The application has been made by Bajek Pty Ltd (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is four years thereafter.

COMMISSIONER

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CaseChat Overview and Summary

Bajek Pty Limited was the subject of a decision by the Fair Work Commission, where the company sought approval for its 2012 Enterprise Agreement. The dispute involved the terms and conditions of employment outlined in the proposed agreement, including issues related to wages, working hours, and various employee entitlements. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards under the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The primary legal issues before the Commission included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, if it complied with the procedural requirements set forth by the Fair Work Act, and if it was genuinely negotiated between the employer and the employees' representatives. The Commission also had to consider if the agreement met the 'better off overall test', ensuring that employees were not disadvantaged by the terms of the agreement compared to their previous conditions.

In delivering its decision, the Fair Work Commission examined the submissions from both parties and the evidence presented. The Commission concluded that the agreement did indeed provide for fair and reasonable terms and conditions of employment, complied with the procedural requirements, and was made in good faith. Furthermore, the Commission found that the agreement satisfied the 'better off overall test', as employees were not put at a disadvantage. Consequently, the Commission approved the Enterprise Agreement.

The Fair Work Commission's approval of the Bajek Pty Limited Enterprise Agreement 2012 was based on its determination that the agreement met all the statutory requirements under the Fair Work Act and was fair and reasonable for the employees. The Commission's decision was rendered after careful consideration of the evidence and submissions from both parties involved in the dispute.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established