Bielby Holdings Pty Ltd
[2024] FWCA 3084
•23 AUGUST 2024
| [2024] FWCA 3084 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bielby Holdings Pty Ltd
(AG2024/2615)
BIELBY HOLDINGS EMPLOYEE ENTERPRISE AGREEMENT 2024
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 23 AUGUST 2024 |
Application for approval of the Bielby Holdings Employee Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Bielby Holdings Employee Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer Bielby Holdings Pty Ltd. The Agreement is a single enterprise agreement.
The notification time for the Agreement under s.173(2) was 10 May 2024 and the Agreement was made on 3 July 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
While the Agreement states it shall apply from the date of approval, s.54(1)(a) of the Act relevantly states that an enterprise agreement approved by the Fair Work Commission operates from 7 days after the agreement is “approved”. The Agreement was approved on 23 August 2024 and, in accordance with s.54 of the Act, will operate from 30 August 2024. The nominal expiry date of the Agreement is 22 August 2028.
DEPUTY PRESIDENT
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[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.
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