DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Best Fab Pty Ltd
(AG2016/6388)

BEST FAB COLLECTIVE AGREEMENT 2016-2020

Building services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 NOVEMBER 2016

Application for approval of the Best Fab Collective Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Best Fab Collective Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Best Fab 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 18 November 2016 and, in accordance with s.54, will operate from 25 November 2016. The nominal expiry date of the Agreement is 2 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter of Best Fab Pty Ltd was heard by the Fair Work Commission, where the company sought approval for the Best Fab Collective Agreement 2016-2020. The dispute centred around whether the agreement met the legal requirements under the Fair Work Act 2009, specifically if it complied with the provisions for good faith bargaining and if it was fair and reasonable for the employees involved.

The court was tasked with determining whether the collective agreement was the product of genuine negotiations between the employer and the employees, and if it covered terms and conditions of employment that were fair and reasonable. Additionally, the court had to assess if the agreement met the criteria for being a "modern award" under the Fair Work Act, which includes compliance with minimum standards of pay and conditions.

In its decision, the Fair Work Commission found that the collective agreement had been negotiated in good faith and that it contained terms and conditions that were fair and reasonable. The court emphasised the importance of the negotiation process and the fact that the agreement reflected the input of both parties. The commission also noted that the agreement complied with the minimum standards set by modern awards, thereby meeting the criteria for approval. Consequently, the application for approval of the Best Fab Collective Agreement 2016-2020 was upheld.

The Fair Work Commission approved the Best Fab Collective Agreement 2016-2020, confirming that it met the necessary legal standards. The court's decision provided clarity on the requirements for collective agreements under the Fair Work Act, reinforcing the importance of good faith bargaining and fair terms.

Best Fab 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