DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

BITS Ferry Services Pty Ltd
(AG2015/1584)

BITS FERRY SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Port authorities
COMMISSIONER SIMPSON	BRISBANE, 4 FEBRUARY 2015

Application for approval of the BITS Ferry Services Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the BITS Ferry Services Pty Ltd Enterprise Agreement 2014 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BITS Ferry Services Pty Ltd.

[2] On 30 January 2015 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement. The Bargaining Representatives to the Agreement confirmed in writing their support of these undertakings.

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

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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BITS Ferry Services Pty Ltd was the applicant in this case before the Fair Work Commission, seeking approval of the BITS Ferry Services Pty Ltd Enterprise Agreement 2014. The dispute centred on the application's compliance with the relevant provisions of the Fair Work Act 2009. The applicant sought to finalise an enterprise agreement that would govern the terms and conditions of employment for its workers. The legal issues that the Commission had to resolve included whether the agreement met the requirements for approval under the Fair Work Act, particularly whether the agreement was fairly negotiated and whether it contained all the mandated minimum terms and conditions.

The Commission began its analysis by considering whether the applicant had provided sufficient evidence that the agreement had been fairly negotiated. This involved scrutinising the process through which the agreement was reached, including the engagement of workers and the manner in which negotiations were conducted. The Commission examined whether the applicant had demonstrated good faith and whether the agreement reflected a balanced consideration of the interests of both the employer and the employees. The Commission also assessed whether the agreement contained all the mandated minimum terms and conditions, including provisions on wages, hours of work, leave, and other employment-related matters. The applicant had to demonstrate that the agreement was consistent with the statutory minimum standards prescribed by the Fair Work Act.

Upon review, the Commission determined that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. The evidence presented by the applicant sufficiently demonstrated that the negotiation process had been conducted in good faith and that the agreement reflected a balanced consideration of both parties' interests. The Commission found that the agreement met all statutory requirements for approval. Consequently, the Commission approved the BITS Ferry Services Pty Ltd Enterprise Agreement 2014, allowing it to take effect as of the date of the decision.

The final orders of the Commission included the approval of the BITS Ferry Services Pty Ltd Enterprise Agreement 2014, which would now govern the employment terms and conditions for the workers covered by the agreement. This decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement complied with all legal requirements under the Fair Work Act.

BITS Ferry Services Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established