Beasy Pty Ltd

[2013] FWCA 4773

FAIR WORK COMMISSION

DECISION

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

Beasy Pty Ltd
(AG2013/1903)

BEASY PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 19 JULY 2013

Application for approval of the Beasy Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Beasy Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Beasy 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.

[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 26 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Beasy Pty Ltd, the applicant sought approval of the Beasy Pty Ltd Enterprise Agreement 2013 - 2017 from the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for employees covered by the proposed enterprise agreement. The applicant, Beasy Pty Ltd, argued that the agreement was in the best interests of the employees and was fair and reasonable.

The legal issues before the court included whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 and whether it was made in good faith and without coercion. Additionally, the court had to consider whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees involved.

The court found that the enterprise agreement was made in good faith and without coercion. The court also determined that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the employees. Furthermore, the court was satisfied that the agreement met the statutory requirements under the Fair Work Act 2009.

As a result, the court approved the Beasy Pty Ltd Enterprise Agreement 2013 - 2017. The agreement now binds the employer and the employees covered by it, and it will govern the terms and conditions of employment until the next scheduled review or until it is superseded by a new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established