DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BIC Australia Pty Ltd
(AG2017/3197)

BIC AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 NOVEMBER 2017

Application for approval of the BIC Australia Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BIC Australia Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bic Australia 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 National Union of Workers 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 November 2017 and, in accordance with s.54, will operate from 17 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved BIC Australia Pty Ltd, an employer, and its employees, represented by the Retail and Fast Food Workers Union of Australia. The dispute centred on an application for the approval of the BIC Australia Pty Ltd Enterprise Agreement 2017. The Fair Work Commission, an Australian federal statutory body, heard and decided the matter. The legal issues the court had to determine were whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion. The court was also required to consider if the agreement met the “better off overall test” and whether it was procedurally fair.

The Fair Work Commission found that the agreement was made in good faith and without coercion. It concluded that the agreement satisfied the better off overall test, which means that the employees were better off financially and in terms of conditions compared to their previous entitlements under the applicable award. The court also found that the agreement was procedurally fair, as it was negotiated between the parties and was not imposed unilaterally. The commission highlighted the importance of fair and transparent processes in the negotiation of enterprise agreements, ensuring that employees' rights and interests were adequately protected.

As a result of the findings, the Fair Work Commission approved the BIC Australia Pty Ltd Enterprise Agreement 2017. The agreement now legally binds both the employer and the employees, replacing the previous award conditions. This decision reinforces the importance of adhering to the requirements of the Fair Work Act 2009 and the need for fair and transparent processes in the negotiation of enterprise agreements.

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