DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Belpile Pty Ltd
(AG2015/1293)

BELPILE PTY LTD EMPLOYEE SINGLE ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2015

Application for approval of the Belpile Pty Ltd EMPLOYEE SINGLE ENTERPRISE AGREEMENT 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Belpile Pty Ltd EMPLOYEE SINGLE ENTERPRISE AGREEMENT 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Belpile Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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 was approved on 15 June 2015 and, in accordance with s.54 of the Act, will operate from 22 June 2015. The nominal expiry date of the Agreement is 14 June 2019.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Belpile Pty Ltd recently faced a legal challenge regarding the approval of their Employee Single Enterprise Agreement for the years 2015 to 2018. The applicant, Belpile Pty Ltd, sought the court's approval of the agreement which had been negotiated with the employees. The Fair Work Commission was the body that heard and decided the matter.

The primary legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and if it met the standards for a single-enterprise agreement. This involved scrutiny of the negotiation process, the contents of the agreement, and whether it adhered to the principles of good faith bargaining and the protection of employees' rights. The Commission also considered whether the agreement provided fair and reasonable terms for the employees, including adequate wages, conditions, and dispute resolution mechanisms.

After reviewing the evidence and submissions from both parties, the Fair Work Commission determined that the agreement substantially complied with the legislative requirements. The Commission found that the negotiation process was conducted in good faith, the terms of the agreement were fair and reasonable, and it adequately protected the employees' interests. Consequently, the Commission approved the Employee Single Enterprise Agreement 2015-2018, allowing it to take effect as intended. This decision ensures that Belpile Pty Ltd and its employees are governed by a legally recognised and enforceable agreement.

Belpile 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