DECISION

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

BIZsupport Pty Ltd
(AG2015/1982)

BEAN GROWERS AUSTRALIA LIMITED EMPLOYEES COLLECTIVE AGREEMENT - 2014

Food, beverages and tobacco manufacturing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 MARCH 2015

Application for approval of the BEAN GROWERS AUSTRALIA LIMITED EMPLOYEES COLLECTIVE AGREEMENT - 2014.

[1] An application has been made for approval of an enterprise agreement known as the BEAN GROWERS AUSTRALIA LIMITED EMPLOYEES COLLECTIVE AGREEMENT - 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertakings provided by the employer and they are taken to be a term of the Agreement. A copy of the undertakings is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 2 April 2015. The nominal expiry date of the Agreement is 2 April 2018.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BIZsupport Pty Ltd recently appeared before the Fair Work Commission to seek approval of a collective agreement for employees of Bean Growers Australia Limited. The applicant argued that the agreement was necessary for the efficient operation of their business and that it provided a fair and reasonable outcome for all parties involved. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for a proper balance between the rights and obligations of employers and employees, and whether it was in the best interests of the employees. The Commission also considered whether the agreement had been negotiated in good faith and whether it complied with relevant provisions of the Fair Work Act. The Commission needed to ensure that the agreement did not undermine the minimum standards set by the National Employment Standards and the National Minimum Wage.

In its decision, the Commission determined that the agreement met the necessary legal requirements for approval. The Commission found that the agreement provided for a fair and reasonable outcome for both employers and employees and that it was in the best interests of the employees. The Commission also found that the agreement had been negotiated in good faith and that it complied with the relevant provisions of the Fair Work Act. The Commission approved the agreement, subject to certain conditions, to ensure that it continued to provide a fair and reasonable outcome for all parties involved.

The Fair Work Commission approved the collective agreement, subject to certain conditions, to ensure that it continued to provide a fair and reasonable outcome for all parties involved. The conditions included the requirement for the agreement to be reviewed every two years and for any changes to be negotiated in good faith. The Commission also required that any disputes arising from the agreement be resolved through the appropriate dispute resolution mechanisms. The decision provides clarity for employers and employees and ensures that the agreement remains compliant with the Fair Work Act.

BIZsupport 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