DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BTB Australia Pty Ltd
(AG2018/1907)

BTB AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2018

Application for approval of the BTB Australia Pty Ltd Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the BTB Australia Pty Ltd Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by BTB Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 August 2018. The nominal expiry date of the Agreement is 13 August 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BTB Australia Pty Ltd was the subject of an application for the approval of its enterprise agreement for the period 2017-2021. The application was brought before the Fair Work Commission, the relevant authority for such matters. The nature of the dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements, particularly concerning the provisions relating to employee entitlements, conditions of employment, and procedural fairness.

The primary legal issues the Commission had to decide included whether the agreement met the statutory criteria for approval, including provisions on minimum wage rates, penalty rates, leave entitlements, and procedural fairness. Additionally, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees, ensuring it was not contrary to public policy or detrimental to the fair and efficient operation of the industry.

In reaching its decision, the Commission considered various submissions from both BTB Australia and the relevant union. It assessed the proposed agreement against the relevant legislative provisions and existing industrial instruments. The Commission found that the agreement substantially met the statutory requirements and balanced the interests of the parties. It was deemed to be fair and reasonable, providing adequate protections for employees while allowing the employer to operate efficiently. Consequently, the Commission approved the enterprise agreement, allowing it to come into effect.

The final orders included the approval of the BTB Australia Pty Ltd Enterprise Agreement 2017-2021, subject to certain conditions that the parties were required to adhere to. The agreement was to be registered with the Fair Work Commission and would be in effect until the specified end date, barring any further orders from the Commission.

BTB Australia 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