DECISION

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

Bauer Foundations Australia Pty Ltd
(AG2015/1055)

BAUER FOUNDATIONS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 18 MAY 2016

Application for approval of the Bauer Foundations Australia Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Bauer Foundations Australia Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bauer Foundations Australia Pty Ltd (the Applicant). 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 have been met.

[3] The Fair Work Commission (FWC) received correspondence dated 12 May 2016, which included further material in support of the application together with Undertakings made by and duly signed by the Director, proposed to FWC pursuant to s.190 of the Act (the Undertakings).

[4] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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 of the Agreement is 30 September 2019.

COMMISSIONER

Undertaking

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CaseChat Overview and Summary

The applicant, Bauer Foundations Australia Pty Ltd, sought approval of the Bauer Foundations Australia Pty Ltd Enterprise Agreement 2015-2019 from the Fair Work Commission. The application was brought in response to the applicant's argument that the enterprise agreement was necessary to ensure the company's viability and to address the need for flexibility in the workforce. The applicant argued that the agreement would provide the company with the flexibility it needed to manage its workforce effectively in the face of economic uncertainty and changing market conditions.

The legal issues before the court included whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it facilitated the improvement of productivity and efficiency, and whether it was in the best interests of the employees. The court was also required to consider whether the agreement was fair and reasonable and whether it provided for proper protections for employees. Additionally, the court needed to assess whether the agreement complied with the procedural requirements of the Act, including whether it was certified by an independent person and whether it had been subject to a genuine process of bargaining.

In reaching its decision, the court found that the enterprise agreement met the requirements of the Fair Work Act 2009. The court noted that the agreement facilitated the improvement of productivity and efficiency and was in the best interests of the employees. The court also found that the agreement provided for proper protections for employees and complied with the procedural requirements of the Act. The court concluded that the enterprise agreement was fair and reasonable and approved it accordingly.

The court ordered that the Bauer Foundations Australia Pty Ltd Enterprise Agreement 2015-2019 be approved and registered with the Fair Work Commission. The agreement was to be in effect from the date of the approval and would remain in force until the end of the agreed period. The court also ordered that the applicant provide the Fair Work Commission with a copy of the approved agreement and any subsequent variations.

Bauer Foundations 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