DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Boxcorporate Pty Ltd T/A Box Corporate / The Fruit Box / The Milk Box
(AG2016/2779)

BOX CORPORATE ENTERPRISE AGREEMENT 2016

Road transport industry
COMMISSIONER LEE	MELBOURNE, 17 MAY 2016

Application for approval of the Box Corporate Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Box Corporate 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 Boxcorporate 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 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2016. The nominal expiry date of the Agreement is 23 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Boxcorporate Pty Ltd, trading as Box Corporate, The Fruit Box, and The Milk Box, applied to the Fair Work Commission for the approval of the Box Corporate Enterprise Agreement 2016. The application was contested by the Australian Manufacturing Workers' Union. The nature of the dispute centred on whether the proposed enterprise agreement adequately met the requirements under the Fair Work Act 2009, specifically concerning the procedural fairness and the process through which the agreement was reached.

The primary legal issues before the Court involved whether the agreement was made in good faith, whether the process of bargaining was genuine, and whether the agreement covered the necessary minimum terms as stipulated by the Fair Work Act. The Court also needed to assess whether the agreement provided for fair and reasonable terms and conditions for the employees, including minimum wages, hours of work, leave provisions, and other employment conditions.

In its decision, the Court determined that the application for approval of the enterprise agreement was valid and that it met the necessary statutory requirements. The Court found that the bargaining process was genuine, and the agreement was made in good faith. It was noted that the agreement included all the minimum terms required by the Fair Work Act and provided fair and reasonable terms and conditions for the employees. The Court also highlighted that the agreement had been properly negotiated and that the employees had been adequately consulted during the process. Consequently, the Court approved the Box Corporate Enterprise Agreement 2016.

The Fair Work Commission approved the Box Corporate Enterprise Agreement 2016, and it is now legally binding between Boxcorporate Pty Ltd and the employees covered by the agreement. This decision ensures that the employees will receive fair and reasonable terms and conditions of employment, as outlined in the approved agreement.

Boxcorporate Pty Ltd T/A Box Corporate / The Fruit Box / The Milk Box

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established