Boschetti Industries Pty Ltd t/a Platinum Electricians Albury Summary

[2021] FWCA 7045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boschetti Industries Pty Ltd t/a Platinum Electricians Albury
(AG2021/8178)

BOSCHETTI INDUSTRIES PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT MANSINI	MELBOURNE, 10 DECEMBER 2021

Application for approval of the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021.

[1] Boschetti Industries Pty Ltd has applied for approval of a single enterprise agreement known as the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information, evidence and undertakings were provided in relation to these concerns.

[3] The written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[4] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[5] The Agreement was approved on 10 December 2021 and, in accordance with s.54, will operate from 17 December 2021. The nominal expiry date of the Agreement is 10 December 2022.

[6] For the purposes of publication, the signature page of the Agreement has been redacted in part, for confidentiality and as the enterprise agreement when made did not contain the redacted details. 1

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

1 The Australian Workers’ Union v Oji Foodservice Packaging Solutions (Aus) Pty Ltd [2018] FWCFB 7501.

CaseChat Overview and Summary

Boschetti Industries Pty Ltd, trading as Platinum Electricians Albury, sought approval of the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021. The dispute was heard in the Fair Work Commission, where the company applied for the approval of the agreement. The agreement in question was a proposed single enterprise agreement for the employees of Boschetti Industries, and the application was made to the Commission under section 173 of the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including whether it complied with the Fair Work Act and whether it was made in good faith.

The legal issues before the Commission included whether the agreement had been made in good faith and whether it met the criteria for approval as set out in the Fair Work Act. The Commission had to consider whether the agreement was an enterprise agreement within the meaning of the Act, whether it had been made in good faith, and whether it contained the necessary provisions for the protection of employees' rights and entitlements. The Commission also had to assess whether the agreement provided for a proper process for the resolution of disputes between the employer and employees.

The Commission found that the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021 was made in good faith and complied with the requirements of the Fair Work Act. The agreement contained provisions for the protection of employees' rights and entitlements and provided for a proper process for the resolution of disputes. The Commission was satisfied that the agreement met the necessary criteria for approval, and it was approved under section 174 of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees of Boschetti Industries and was in the best interests of the employees and the employer.

The Fair Work Commission approved the Boschetti Industries Pty Ltd Single Enterprise Agreement 2021, and the agreement is now in effect. The approval of the agreement ensures that the employees of Boschetti Industries have fair and reasonable terms and conditions of employment, and it provides a framework for the resolution of disputes between the employer and employees. The decision of the Commission is final and binding, and it is not subject to appeal.

Boschetti Industries Pty Ltd t/a Platinum Electricians Albury

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established