Building Automation Controls Pty Ltd

[2017] FWCA 5041

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Building Automation Controls Pty Ltd

(AG2017/2757)

Building Automation Controls Pty Ltd Enterprise Agreement 2017

Tasmania
Commissioner Johns	SYDNEY, 27 SEPTEMBER 2017

Application for approval of the Building Automation Controls Pty Ltd Enterprise Agreement 2017.

On 11 July 2017 Building Automation Controls Pty Ltd (Applicant) made an application for approval of the Building Automation Controls Pty Ltd Enterprise Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the employee representative has indicated its acceptance of the undertakings.

Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.
The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 4 October 2017. The nominal expiry date of the Agreement is 27 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Building Automation Controls Pty Ltd was the subject of an application for approval of the Building Automation Controls Pty Ltd Enterprise Agreement 2017. The Fair Work Commission was the tribunal that heard the case. The applicant, Building Automation Controls Pty Ltd, sought approval for the proposed agreement which was intended to govern the employment conditions of its employees. The nature of the dispute involved whether the proposed agreement met the requirements of the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the tribunal were whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including the "better off overall test" and whether it provided for fair and reasonable terms and conditions of employment. The tribunal also needed to consider whether the agreement adequately covered the prescribed matters and whether it included appropriate dispute resolution mechanisms. The applicant argued that the agreement provided for fair and reasonable terms, while no other party contested the application.

In delivering its decision, the tribunal found that the proposed agreement did indeed meet the statutory requirements. The tribunal determined that the agreement was compliant with the "better off overall test" as it provided for fair and reasonable terms and conditions of employment. The tribunal was satisfied that the agreement covered all the prescribed matters and included appropriate dispute resolution mechanisms. Consequently, the tribunal approved the Building Automation Controls Pty Ltd Enterprise Agreement 2017. The tribunal's decision was based on the applicant's demonstration that the agreement was fair and reasonable, and met all statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established