DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Balcross Pty Ltd
(AG2018/5001)

BALCROSS PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 8 MARCH 2019

Application for approval of the Balcross Pty Ltd Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the Balcross Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Balcross Pty Ltd.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2019. The nominal expiry date of the Agreement is 7 March 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Balcross Pty Ltd was involved in a legal proceeding before the Fair Work Commission, where the primary issue was the application for approval of the Balcross Pty Ltd Enterprise Agreement 2018. This agreement aimed to govern the terms and conditions of employment for the employees within the company. The application for approval was necessary to ensure that the agreement met the legal standards set forth by the Fair Work Act 2009.

The central legal issues the Commission had to resolve involved whether the agreement provided for the minimum entitlements mandated by the Fair Work Act and whether the process of negotiating and finalising the agreement was fair and in compliance with the legislative requirements. Specifically, the Commission had to assess whether the agreement was made in good faith and whether the necessary procedural fairness was observed during the bargaining process.

In reaching its decision, the Commission examined the evidence presented and found that the agreement did indeed provide for the minimum entitlements as required by the Act. Furthermore, the Commission determined that the agreement was made in good faith and that the necessary procedural fairness was observed during the negotiation process. Consequently, the Commission approved the Balcross Pty Ltd Enterprise Agreement 2018, confirming its compliance with the Fair Work Act. The approval allows the agreement to be registered and enforceable as a legally binding document between the employer and the employees.

Balcross 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