DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busicom Inspections & Training Solutions Pty Ltd T/A Busicom Inspections & Training Solutions Pty Ltd
(AG2016/700)

BUSICOM INSPECTIONS AND TRAINING SOLUTIONS PTY LTD NDT UNION COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 1 APRIL 2016

Application for approval of the BUSICOM INSPECTIONS AND TRAINING SOLUTIONS Pty Ltd NDT Union Collective Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the BUSICOM INSPECTIONS AND TRAINING SOLUTIONS Pty Ltd NDT Union Collective Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Busicom Inspections & Training Solutions Pty Ltd.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) of the Act I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Busicom Inspections & Training Solutions Pty Ltd sought approval of its Non-Destructive Testing Union Collective Agreement 2014 from the Fair Work Commission. The dispute involved the union's claim that the agreement did not adequately cover certain aspects of employee rights and obligations. The matter was heard in the Fair Work Commission, where the key legal issues centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The court examined the agreement's provisions, particularly those relating to working conditions, dispute resolution mechanisms, and the protection of employee rights. The union argued that specific clauses were insufficient or absent, while Busicom contended that the agreement was fair and compliant with legislative standards. The Fair Work Commission assessed the balance of the agreement, considering both the provisions and the context of the industry and employment practices. It concluded that while the agreement was generally fair, certain sections needed modification to ensure full compliance with the Act.

Ultimately, the Commission determined that the agreement, with certain modifications, met the necessary criteria for approval. The court ordered that the agreement be amended to address the identified deficiencies and, upon making these changes, the agreement would be approved. This decision ensured that the employees' rights and obligations were appropriately protected while also accommodating the legitimate interests of the employer.

Busicom Inspections & Training Solutions Pty Ltd T/A Busicom Inspections & Training Solutions 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