DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bielby Holdings Pty Ltd
(AG2016/1594)

BIELBY HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2016

Application for approval of the Bielby Holdings Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Bielby Holdings Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bielby Holdings Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bielby Holdings Pty Ltd, an employer, applied to the Fair Work Commission for approval of the Bielby Holdings Pty Ltd Enterprise Agreement 2016. The application was contested by the Transport Workers Union of Australia, an employee representative. The central dispute centred around the fairness and compliance of the agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval, including provisions regarding wages, working conditions, and other employment terms.

The legal issues before the Commission were whether the agreement provided for the fair remuneration of employees, ensured conditions of employment were no less favourable than those provided for by the relevant modern award, and whether it was made in good faith and without coercion. The Commission had to examine each clause of the agreement to ensure it complied with the statutory requirements set forth by the Fair Work Act. The Commission also considered submissions from both parties regarding the fairness and reasonableness of the agreement.

The Commission found that the agreement was fair and reasonable, met the statutory requirements, and was made in good faith. The Commission approved the Bielby Holdings Pty Ltd Enterprise Agreement 2016, noting that it provided for fair remuneration and conditions of employment that were no less favourable than those provided by the relevant modern award. The decision was made based on a thorough analysis of the agreement and the submissions from both parties, ensuring that the agreement was compliant with the Fair Work Act.

The Fair Work Commission approved the Bielby Holdings Pty Ltd Enterprise Agreement 2016, confirming its compliance with the Fair Work Act. The decision was made after considering the provisions of the agreement, the submissions from both parties, and the statutory requirements for enterprise agreements.

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