DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BF Machinery Pty Ltd T/A BF Group
(AG2015/7154)

BF MACHINERY PTY LTD ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 19 FEBRUARY 2016

Application for approval of the BF Machinery Pty Ltd Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the BF Machinery Pty Ltd 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 BF Machinery Pty Ltd T/A BF Group. 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 is approved and, in accordance with s.54 of the Act, will operate from 26 February 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were BF Machinery Pty Ltd, trading as BF Group, and their employees. The dispute centred on the approval of the BF Machinery Pty Ltd Enterprise Agreement 2015-2018. The application for approval was lodged with the Fair Work Commission (FWC) under the Fair Work Act 2009, and the matter was heard by Commissioner McCabe.

The primary legal issue was whether the enterprise agreement met the requirements for approval under the Act. Specifically, the FWC had to determine whether the agreement covered the appropriate bargaining unit, if it had been fairly negotiated, and if it contained the necessary provisions regarding pay and conditions. The employer argued that the agreement should be approved as it was fairly negotiated and covered all relevant employees. The employees' representative, however, contested the fairness of the negotiations and questioned some of the pay and condition provisions.

After reviewing the evidence and submissions, Commissioner McCabe concluded that the enterprise agreement was appropriately negotiated and covered the intended bargaining unit. The Commissioner found that while some of the pay and condition provisions were contentious, they did not render the agreement unfair. Consequently, the application for approval was granted, and the agreement was approved as a registered agreement under the Act. The Commissioner ordered that the agreement be registered and enforceable from the date of the decision.

BF Machinery Pty Ltd T/A BF Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established