DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BAM International Australia Pty Ltd
(AG2015/5678)

BAM INTERNATIONAL AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 9 OCTOBER 2015

Application for approval of the BAM International Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BAM International Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BAM International Australia Pty Ltd. 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 was approved on 9 October 2015 and, in accordance with s.54, will operate from 16 October 2015. The nominal expiry date of the Agreement is 9 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BAM International Australia Pty Ltd sought approval of the BAM International Australia Pty Ltd Enterprise Agreement 2015, which was to cover its employees in the engineering sector. The dispute revolved around whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the minimum entitlements and the process for approving the agreement. The Commission was tasked with determining if the agreement met the statutory requirements for minimum entitlements and whether it was properly certified and lodged.

The primary legal issues before the Commission were whether the enterprise agreement provided for the minimum entitlements as prescribed by the Fair Work Act and whether the agreement was properly certified and presented to the Commission. The Commission also considered whether there were any procedural irregularities in the agreement's certification and lodgement processes. The Commission examined the agreement's provisions against the minimum standards outlined in the Act and reviewed the certification and lodgement procedures to ensure compliance with the legislative requirements.

The Fair Work Commission found that the BAM International Australia Pty Ltd Enterprise Agreement 2015 met the minimum entitlements as required by the Fair Work Act. The Commission also determined that the agreement was properly certified and lodged, with no procedural irregularities that would invalidate the approval process. The Commission concluded that the agreement complied with the necessary statutory requirements and approved the agreement. The decision confirmed that the agreement could be applied to the employees covered by it, ensuring that the terms of the agreement would govern their employment conditions.

BAM International Australia 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