DECISION

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

BDB Steelfixers Pty Ltd
(AG2014/9946)

BDB STEELFIXERS PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 5 DECEMBER 2014

Application for approval of the BDB Steelfixers Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BDB Steelfixers Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BDB Steelfixers Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 December 2014. The nominal expiry date of the Agreement is 12 December 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the BDB Steelfixers Pty Ltd Enterprise Agreement 2014, before the Fair Work Commission. The applicant, BDB Steelfixers Pty Ltd, sought approval of the agreement under section 235 of the Fair Work Act 2009. The dispute arose as the respondents, the Building and Construction Union and the Australian Manufacturing Workers' Union, objected to the agreement on several grounds.

The legal issues before the Commission centred on the fairness and compliance of the agreement with the statutory requirements set out in the Fair Work Act. The respondents argued that the agreement was not fairly made, did not meet the "better off overall test," and contained provisions that were contrary to public policy. The applicant, on the other hand, contended that the agreement was fairly negotiated and met all necessary statutory requirements.

The Fair Work Commission carefully considered the evidence and arguments presented by both parties. The Commission found that the agreement had been fairly made, and that it met the "better off overall test." The Commission also found that the agreement did not contain any provisions that were contrary to public policy. Accordingly, the Commission approved the BDB Steelfixers Pty Ltd Enterprise Agreement 2014, and the application was successful.

The Commission's decision was based on a thorough analysis of the evidence and arguments presented by both parties. The Commission found that the agreement was a genuine product of negotiations between the parties, and that it contained provisions that were reasonable and fair. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees, and that it met the "better off overall test." The final orders of the Commission were that the BDB Steelfixers Pty Ltd Enterprise Agreement 2014 be approved and registered under section 235 of the Fair Work Act.

BDB Steelfixers 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