DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIC Australia Pty Ltd
(AG2021/4059)

BIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2021

Application for approval of the BIC Australia Pty Ltd Enterprise Agreement 2020.

[1] BIC Australia Pty Ltd has made an application for approval of an enterprise agreement known as the BIC Australia Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The United Workers’ Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 March 2021 and, in accordance with s 54, will operate from 24 March 2021. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BIC Australia Pty Ltd applied to the Fair Work Commission for the approval of an enterprise agreement. The applicant sought approval under section 232 of the Fair Work Act 2009. The dispute centred around the provisions of the proposed agreement, particularly those relating to the terms and conditions of employment of its workforce. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval as stipulated in the Act.

The primary legal issue before the Commission was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was made in good faith, whether it was free from coercion, and whether it provided for the proper registration and disclosure of the agreement. Additionally, the Commission had to consider whether the agreement provided for appropriate mechanisms for the resolution of disputes and whether it contained terms that were fair and reasonable in all the circumstances.

In its decision, the Commission found that the agreement met all the necessary criteria for approval. It determined that the agreement was made in good faith and was free from any form of coercion. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes and that the terms were fair and reasonable. Furthermore, the Commission was satisfied that the agreement complied with all the procedural requirements, including proper registration and disclosure. Based on these findings, the Commission approved the agreement under section 232 of the Fair Work Act.

The Commission's final order was that the BIC Australia Pty Ltd Enterprise Agreement 2020 be approved and registered under section 232 of the Fair Work Act 2009. This approval meant that the terms and conditions set out in the agreement would be binding on the parties and enforceable in accordance with the Act.

BIC Australia 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