Beavis Payroll Services Pty Ltd

[2013] FWCA 10076

FAIR WORK COMMISSION

DECISION

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

Beavis Payroll Services Pty Ltd
(AG2013/11901)

BE PAYROLL SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 20 DECEMBER 2013

Application for approval of the BE Payroll Services Pty Ltd Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe BE Payroll Services Pty Ltd Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Beavis Payroll Services Pty Ltd (the Applicant). 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 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 seven days after the issuing of this decision. The nominal expiry date of the Agreement is 20 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Beavis Payroll Services Pty Ltd, sought approval of the BE Payroll Services Pty Ltd Enterprise Agreement 2013 - 2015. The dispute involved whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009, specifically concerning the agreement's coverage, its fairness, and compliance with the award safety net provisions.

The central legal issues the Commission had to resolve were whether the enterprise agreement was made in good faith, if it covered only the employees of Beavis Payroll Services Pty Ltd, and if it adhered to the minimum standards set forth in the relevant award. Additionally, the Commission needed to assess whether the agreement contained terms that were unfair under the fairness test, and whether it provided for minimum rates of pay and conditions that were at least as favourable as those in the applicable award.

After considering submissions from both parties and relevant legislative provisions, the Commission found that the agreement was made in good faith and covered only the employees of Beavis Payroll Services Pty Ltd. It was determined that the agreement did not contravene any minimum award provisions and that the terms were fair. Furthermore, the agreement provided for minimum rates of pay and conditions that met or exceeded those specified in the applicable award. Therefore, the Commission approved the agreement.

The final orders of the Commission were that the BE Payroll Services Pty Ltd Enterprise Agreement 2013 - 2015 be approved as a registered agreement from 1 July 2013 for a period of three years. The decision emphasised the importance of ensuring that enterprise agreements comply with the statutory requirements, thereby protecting both the interests of employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established