DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BLJ In-situ Solutions Pty Ltd
(AG2017/246)

BLJ IN-SITU SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 3 FEBRUARY 2017

Application for approval of the BLJ In-situ Solutions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BLJ In-situ Solutions 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 BLJ In-situ Solutions 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 February 2017. The nominal expiry date of the Agreement is 2 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of BLJ In-situ Solutions Pty Ltd, the applicant sought approval for the BLJ In-situ Solutions Pty Ltd Enterprise Agreement 2016. This agreement was a subject of dispute between the applicant, BLJ In-situ Solutions Pty Ltd, and the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The primary legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained the necessary protections for employees, and if it met the requirements for genuine agreement between the parties. The court also needed to ensure that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

The Fair Work Commission found that the enterprise agreement was in compliance with the Fair Work Act 2009. The court noted that the agreement provided for a comprehensive set of terms and conditions that covered various aspects of employment, including wages, working hours, and dispute resolution mechanisms. The court was satisfied that the agreement had been genuinely negotiated between the parties, and that it contained adequate protections for employees. The commission concluded that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees.

As a result, the Fair Work Commission approved the BLJ In-situ Solutions Pty Ltd Enterprise Agreement 2016. The agreement now serves as a legally binding contract between BLJ In-situ Solutions Pty Ltd and the CFMEU, governing the terms and conditions of employment for the employees covered by the agreement.

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