Boys Group Pty Ltd as the trustee for the Boys Group Trust T/A Boys Group

[2014] FWCA 4149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Boys Group Pty Ltd as the trustee for the Boys Group Trust T/A Boys Group
(AG2014/1394)

BOYS PROJECTS ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 24 JUNE 2014

Application for approval of the Boys Projects Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known asthe Boys Projects 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 Boys Group Pty Ltd as the trustee for the Boys Group Trust t/a Boys Group (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 24 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Boys Group Pty Ltd, acting as trustee for the Boys Group Trust trading as Boys Group, and the application for the approval of the Boys Projects Enterprise Agreement 2014-2018. The Fair Work Commission was tasked with deciding whether to approve the enterprise agreement in line with the Fair Work Act 2009. The legal issues before the Commission were primarily whether the agreement met the requirements under the Act for being "fair and reasonable" and whether it complied with the procedural prerequisites for its approval.

The Commission examined the enterprise agreement closely, considering the parties' submissions and the evidence presented. It assessed whether the agreement contained provisions that were fair and reasonable in all respects, taking into account the nature of the bargaining, the need for flexibility and efficiency in the workplace, and the interests of employees and employers. Additionally, the Commission considered if the agreement had been genuinely negotiated and if the requisite procedural steps were followed, including any required notices and opportunities for objections.

After thorough deliberation, the Commission found that the Boys Projects Enterprise Agreement 2014-2018 was fair and reasonable. It concluded that the agreement met all the necessary statutory criteria and was properly negotiated. Consequently, the Commission approved the agreement, enabling it to be registered and enforceable under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established