DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busi Civil Pty Ltd T/A Busi Civil
(AG2015/5253)

BUSI CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Busi Civil Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Busi Civil Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busi Civil Pty Ltd T/A Busi Civil. The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 30 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Busi Civil Pty Ltd, trading as Busi Civil, applied to the Fair Work Commission for approval of the Busi Civil Enterprise Agreement 2015. The application involved assessing whether the agreement met the requirements of the Fair Work Act 2009. The dispute centred on the procedural fairness and the content of the agreement as it related to the terms and conditions of employment for the company's employees.

The central legal issues before the Commission were whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms as required by the Act. Additionally, the Commission needed to consider if the process by which the agreement was reached was procedurally fair. The focus was on whether the company had adequately consulted with its employees and if the agreement reflected the outcome of genuine bargaining.

The Commission found that the agreement had been genuinely negotiated and contained all the necessary minimum terms. The evidence demonstrated that the company had engaged in a fair and transparent process with its employees, ensuring that the agreement was reflective of the parties' negotiations. Consequently, the Commission approved the Busi Civil Enterprise Agreement 2015, recognising its compliance with the statutory requirements. The decision underscores the importance of procedural fairness and genuine negotiation in enterprise agreements.

Busi Civil Pty Ltd T/A Busi Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established