DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bielby Holdings Pty Ltd
(AG2020/1693)

BIELBY HOLDINGS EMPLOYEE ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 JULY 2020

Application for approval of the Bielby Holdings Employee Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Bielby Holdings Employee Enterprise Agreement 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Bielby Holdings Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[3] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 July 2020. 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

Bielby Holdings Pty Ltd, a company in the construction industry, sought approval of the Bielby Holdings Employee Enterprise Agreement 2020 from the Fair Work Commission. The applicant argued that the agreement was fair and reasonable for the purposes of section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for the company's employees, including wages, hours of work, and other employment-related matters. The Commission was required to consider whether the agreement met the criteria for approval under the Fair Work Act.

The primary legal issue was whether the agreement was fair and reasonable. The Commission had to examine various aspects of the agreement, including its content, the process by which it was negotiated, and the extent to which it complied with relevant legislative requirements. The Commission also considered submissions from the parties, as well as relevant industry benchmarks and precedents. The Commission found that the agreement was fair and reasonable, as it provided for appropriate wage increases, included provisions for dispute resolution, and was negotiated in good faith.

In reaching its decision, the Commission considered the nature of the industry, the bargaining power of the parties, and the need for flexibility in the agreement. The Commission also noted that the agreement contained provisions for ongoing negotiations and reviews, which would allow for adjustments to be made in response to changing circumstances. The Commission concluded that the agreement was fair and reasonable, and therefore approved it under section 233 of the Fair Work Act. The Commission made an order approving the Bielby Holdings Employee Enterprise Agreement 2020, effective from the date of the decision.

Bielby Holdings 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