DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BPAY Group Limited
(AG2017/5197)

BPAY GROUP ENTERPRISE AGREEMENT 2018

Banking finance and insurance industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 16 MARCH 2018

Application for approval of the BPAY Group Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BPAY Group Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BPAY Group Limited. 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 16 March 2018 and, in accordance with s.54, will operate from 23 March 2018. The nominal expiry date of the Agreement is 16 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved BPAY Group Limited, an entity that provides electronic payments services, and its employees. The dispute centred on the proposed BPAY Group Enterprise Agreement 2018, which sought to govern the terms and conditions of employment for the employees. The matter was brought before the Fair Work Commission, Australia's industrial relations tribunal, for the purpose of obtaining the Commission's approval of the enterprise agreement. The Commission was required to determine whether the proposed agreement met the legal requirements set out in the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement had been made in accordance with the procedural fairness requirements, whether it contained all the mandated minimum terms and conditions, and whether it was in the best interests of the employees. The Commission needed to ensure that the agreement was not only procedurally sound but also substantively fair and complied with the statutory provisions. It had to examine the bargaining process, the contents of the agreement, and the potential impact on the employees.

In its decision, the Fair Work Commission found that the bargaining process leading to the agreement was procedurally fair and compliant with the relevant provisions of the Act. The Commission also determined that the agreement included all the required minimum terms and conditions and did not contain any provisions that would be unfair to the employees. Considering the overall context and the evidence presented, the Commission concluded that the agreement was in the best interests of the employees. Consequently, the Commission approved the BPAY Group Enterprise Agreement 2018, thereby resolving the dispute in favour of the applicant.

The final orders of the Commission included the approval of the BPAY Group Enterprise Agreement 2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant employees until superseded by a new agreement or terminated in accordance with the Act. The decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of employment were legally sound and fair.

BPAY Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established