DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blue Systems Pty Ltd
(AG2017/1190)

BLUE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2017-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Blue Systems Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Blue Systems Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Blue Systems Pty Ltd T/As Blue Fire Systems. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 30 June 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Blue Systems Pty Ltd sought approval of its enterprise agreement for the period 2017-2020. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. This included assessing whether the agreement was made in good faith, whether it included the minimum entitlements specified in the Act, and if it adhered to the process mandated by the legislation.

The FWC found that Blue Systems Pty Ltd had fulfilled the procedural obligations by ensuring genuine bargaining and providing necessary information to the employees. The agreement was also found to include all minimum entitlements required by the Fair Work Act. The FWC concluded that the enterprise agreement was fair and reasonable, and approved it accordingly.

The FWC's decision was that the Blue Systems Pty Ltd Enterprise Agreement 2017-2020 was approved in its entirety, effective from the date of the decision. The agreement was deemed to meet all legal requirements and was recognised as a valid enterprise agreement under the Fair Work Act.

Blue Systems 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