Baylin Industries Pty Ltd

[2013] FWCA 4549

FAIR WORK COMMISSION

DECISION

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

Baylin Industries Pty Ltd
(AG2013/1668)

BAYLIN INDUSTRIES PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 10 JULY 2013

Application for approval of the Baylin Industries Pty Ltd Enterprise Agreement.

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

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term 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 17 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE “A”

CaseChat Overview and Summary

Baylin Industries Pty Ltd was the subject of an application before the Fair Work Commission, seeking approval of a proposed enterprise agreement. The applicant, Baylin Industries, is an employer engaged in the manufacturing and wholesale trade of food products. The respondent, the Food and Allied Workers Union, represented the employees who were parties to the agreement. The dispute centred around whether the proposed terms of the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement provided for the protection of employees' rights and entitlements, including minimum wages, leave entitlements, and conditions of employment. Additionally, the Commission had to assess whether the agreement complied with the good faith bargaining requirements and the Fair Work (Registered Organisations) Act 2009. The Commission also needed to determine whether the agreement provided for appropriate dispute resolution mechanisms.

In reaching its decision, the Commission considered the submissions made by both parties, the terms of the proposed agreement, and relevant legislative provisions. The Commission found that the proposed agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum wages and leave entitlements. The Commission was satisfied that the agreement complied with the good faith bargaining requirements and was consistent with the principles of the Fair Work Act. Furthermore, the Commission found that the agreement provided for adequate dispute resolution mechanisms, ensuring that employees had access to effective processes for resolving workplace disputes. Based on these findings, the Commission approved the proposed enterprise agreement. The final orders included the approval of the Baylin Industries Pty Ltd Enterprise Agreement, subject to the conditions and provisions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established