Building Automation Controls Pty Ltd T/A Building Automation Controls Pty Ltd Summary

[2022] FWCA 3876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Building Automation Controls Pty Ltd T/A Building Automation Controls Pty Ltd

(AG2022/4480)

Building Automation Controls Pty Ltd Enterprise Agreement 2022

Tasmania
DEPUTY PRESIDENT O'NEILL	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the Building Automation Controls Pty Ltd Enterprise Agreement 2022

Building Automation Controls Pty Ltd T/A Building Automation Controls Pty Ltd has applied for approval of an enterprise agreement known as the Building Automation Controls Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 November 2022. The nominal expiry date of the Agreement is 4 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Building Automation Controls Pty Ltd, trading as Building Automation Controls Pty Ltd, applied for approval of the Building Automation Controls Pty Ltd Enterprise Agreement 2022. The Fair Work Commission was the court in this matter, hearing the application from the company. The dispute centred around whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The legal issues the court had to decide involved whether the agreement provided for minimum terms and conditions, whether it complied with the good faith bargaining requirement, and if it met the criteria for being a "single interest" agreement. The company argued that the agreement was fair and reasonable, and met all the necessary statutory requirements. The Commission had to examine the agreement's provisions, including those related to pay rates, hours of work, leave entitlements, and other employment conditions.

In reaching its decision, the Commission considered the provisions of the Fair Work Act and the Fair Work Regulations, along with relevant case law. The Commission found that the agreement provided for minimum terms and conditions, and was made in good faith. The agreement was also found to be a "single interest" agreement, as it covered all employees within the relevant enterprise. Given these findings, the Commission approved the agreement, determining it met all necessary legal requirements.

The Fair Work Commission approved the Building Automation Controls Pty Ltd Enterprise Agreement 2022, effective from 1 January 2022. The decision was made on the basis that the agreement provided for minimum terms and conditions, was made in good faith, and was a "single interest" agreement. The Commission found the agreement to be fair and reasonable, and compliant with the statutory requirements.

Building Automation Controls Pty Ltd T/A Building Automation Controls Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established