DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bucher Municipal Pty Ltd
(AG2016/7926)

BUCHER MUNICIPAL - VICTORIAN SERVICE - ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 MARCH 2017

Application for approval of the Bucher Municipal - Victorian Service - Enterprise Agreement 2017.

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

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

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 March 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Bucher Municipal Pty Ltd applied for approval of the Bucher Municipal - Victorian Service - Enterprise Agreement 2017. The application was brought by the respondent, the Australian Manufacturing Workers' Union. The dispute centred around whether the agreement provided adequate protections for employees and whether it complied with the relevant legislative requirements.

The legal issues the court had to decide involved the fairness and compliance of the proposed agreement. Specifically, the court needed to ensure that the agreement met the standards set out in the Fair Work Act 2009, including provisions for minimum wages, entitlements, and dispute resolution mechanisms. The court also had to consider whether the agreement adequately protected employees' rights and interests.

The Fair Work Commission reviewed the application and the agreement in detail. The Commission considered the fairness and compliance of the proposed agreement, taking into account the bargaining positions of the parties and the nature of the industry. The Commission concluded that the agreement met the necessary standards and provided adequate protections for employees. The court found that the agreement was fair and compliant with the relevant legislation. The Commission approved the Bucher Municipal - Victorian Service - Enterprise Agreement 2017, subject to certain conditions. These conditions included the implementation of a dispute resolution process and the provision of clear and accessible information to employees about their rights and entitlements under the agreement.

Bucher Municipal 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