DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BMI International Pty Ltd
(AG2015/2263)

BMI INTERNATIONAL PTY LTD ENTERPRISE AGREEMENT - 2014/2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 2 JUNE 2015

Application for approval of the BMI International Pty Ltd Enterprise Agreement - 2014/2018.

[1] An application has been made for approval of an enterprise agreement known as the BMI International Pty Ltd Enterprise Agreement - 2014/2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BMI International Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 2 June 2015 and, in accordance with s.54, will operate from 9 June 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BMI International Pty Ltd sought approval for an enterprise agreement for the period 2014/2018, which was the subject of a dispute between the company and the relevant trade union. The application for approval was heard by the Fair Work Commission. The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether it complied with the requirements of the Fair Work (Registered Organisations) Act 2009.

The Commission examined the provisions of the agreement to determine if it contained the necessary minimum terms and conditions of employment as mandated by the Fair Work Act. It also considered whether the agreement was genuinely negotiated, whether it provided for a fair and reasonable process for resolving disputes, and whether it included appropriate provisions for the protection of employees. The Commission also had to assess whether the union that had lodged the application for approval was a registered organisation under the Fair Work (Registered Organisations) Act and whether it had the requisite majority support of the employees.

After reviewing the application and the evidence presented, the Commission found that the enterprise agreement satisfied the criteria for approval. It was determined that the agreement contained all the necessary minimum terms and conditions, had been genuinely negotiated, and provided for a fair and reasonable process for resolving disputes. Furthermore, the agreement included appropriate provisions for the protection of employees. Additionally, the Commission confirmed that the union that had lodged the application was a registered organisation and had the requisite majority support of the employees. Consequently, the Commission approved the enterprise agreement for the period 2014/2018.

BMI International 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