DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boton Conveyor Services Pty Ltd
(AG2016/4103)

BOTON CONVEYOR SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 8 SEPTEMBER 2016

Application for approval of the Boton Conveyor Services Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Boton Conveyor Services 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 Boton Conveyor Services Pty Ltd. 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, 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. 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.

[4] The Agreement was approved on 8 September 2016 and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 8 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Boton Conveyor Services Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The application involved a dispute regarding the terms of the agreement, specifically around the classification of employees and their entitlements. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the classification of employees and their entitlements. The dispute centred on whether certain employees were correctly classified as part of a specific occupational group and if the agreement provided adequate protections and benefits as required by the legislation.

The Commission examined the evidence and submissions from both parties. It found that the classification of employees was consistent with the relevant industrial instruments and that the agreement provided appropriate protections and benefits. The Commission also noted the procedural fairness of the agreement's negotiation process. After thorough consideration, the Commission approved the agreement, finding it to be in accordance with the statutory requirements.

The Fair Work Commission approved the Boton Conveyor Services Pty Ltd Enterprise Agreement 2016. The decision confirmed the classification of employees and their entitlements as outlined in the agreement. This approval allows the agreement to take effect, providing a framework for the terms and conditions of employment for the relevant employees.

Boton Conveyor Services 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