DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beasy Pty Ltd
(AG2018/5164)

BEASY PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2019

Application for approval of the Beasy Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Beasy Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beasy Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. 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 26 February 2019. The nominal expiry date of the Agreement is 18 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Beasy Pty Ltd, sought approval of an Enterprise Agreement with its employees, covering the period from 2018 to 2022. The dispute centred on the application's compliance with the Fair Work Act 2009, specifically regarding the provisions related to minimum entitlements and the process for making the application.

The central legal issues revolved around whether the application complied with the statutory requirements, including whether it correctly incorporated the minimum entitlements prescribed by the Act and whether the proper process for making the application was followed. Additionally, the Commission needed to determine if the agreement was fairly negotiated and met the good faith bargaining criteria.

The Commission examined the application and found it to be compliant with the necessary statutory provisions. It confirmed that the agreement incorporated the minimum entitlements as required by the Act and that the process for making the application was correctly followed. The Commission also determined that the agreement was the product of good faith bargaining and met the statutory criteria for approval. Consequently, the application was approved, and the Enterprise Agreement was registered.

The Fair Work Commission approved the application for the Beasy Pty Ltd Enterprise Agreement 2018-2022 and registered the agreement, finding it to be in compliance with the Fair Work Act 2009. This decision ensures that the agreement is legally binding and that the parties are bound by its terms for the specified period.

Beasy 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