DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BLJ In-situ Solutions Pty Ltd
(AG2021/4664)

BLJ IN-SITU SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 29 APRIL 2021

Application for approval of the BLJ in-situ Solutions Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the BLJ in-situ Solutions Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BLJ In-situ Solutions Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

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

[4] The Agreement was approved on 29 April 2021 and, in accordance with s.54, will operate from 6 May 2021. The nominal expiry date of the Agreement is 29 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, BLJ In-situ Solutions Pty Ltd applied for approval of the BLJ in-situ Solutions Pty Ltd Enterprise Agreement 2020. The application was made by the employer under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment of the employees under the proposed enterprise agreement.

The key legal issue before the Commission was whether the proposed agreement met the "better off overall test" as required by section 230 of the Fair Work Act. This test required that, in the Commission's opinion, the employees would be at least as well off financially and in terms of other conditions of employment if the agreement applied to them, compared to if they were not covered by it. The Commission needed to consider the financial and non-financial aspects of the proposed agreement to determine if it met this test.

In its decision, the Commission found that the proposed agreement did meet the better off overall test. The Commission was satisfied that the financial and non-financial benefits provided by the agreement outweighed any potential disadvantages. The proposed agreement included provisions for increased wages, improved leave entitlements, and enhanced conditions relating to shift patterns and rest breaks. The Commission concluded that the overall effect of the agreement would be to improve the employees' terms and conditions of employment.

Accordingly, the Commission approved the proposed enterprise agreement under section 234 of the Fair Work Act. The agreement is now registered and will apply to the employees covered by it from the effective date specified in the agreement. The employer is required to take all reasonable steps to give employees notice of the agreement and to ensure that it is brought to their attention.

BLJ In-situ Solutions 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