DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Beavis Holdings Pty Ltd T/A Beavis Electrical
(AG2017/53)

BEAVIS HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 JANUARY 2017

Application for approval of the Beavis Holdings Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Beavis Holdings Pty Ltd Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beavis Holdings Pty Ltd T/As Beavis Electrical. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2017. The nominal expiry date of the Agreement is 24 January 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved Beavis Holdings Pty Ltd, trading as Beavis Electrical, and the Australian Manufacturing Workers' Union. The dispute centred around the application for approval of the Beavis Holdings Pty Ltd Enterprise Agreement 2016-2018. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009.

The primary legal issues for the court to determine were whether the enterprise agreement complied with the statutory requirements of the Fair Work Act and whether it was made in accordance with the procedural requirements. Specifically, the court had to examine whether the agreement contained all the prescribed terms, if it was free from prohibited content, and if the necessary steps were taken to ensure that the agreement was not made under any duress or coercion.

The Fair Work Commission found that the Beavis Holdings Pty Ltd Enterprise Agreement 2016-2018 met all the statutory and procedural requirements. The agreement contained all the prescribed terms, was free of prohibited content, and was made without any duress or coercion. The commission also noted that the necessary consultation and negotiation processes had been followed, and the agreement was supported by a majority of the relevant employees. Consequently, the court approved the enterprise agreement.

The Fair Work Commission approved the Beavis Holdings Pty Ltd Enterprise Agreement 2016-2018, effective from the date of the decision. The agreement was deemed to comply with all the necessary legal requirements and was thus valid and binding on the parties involved.

Beavis Holdings Pty Ltd T/A Beavis Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established