DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busicom Inspections & Training Solutions Pty Ltd T/A Busicom Inspections & Training Solutions Pty Ltd
(AG2016/532)

BUSICOM INSPECTIONS & TRAINING SOLUTIONS PTY LTD AND AMWU METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 22 MARCH 2016

Application for approval of the Busicom Inspections & Training Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

[1] An application has been made for approval of an enterprise Agreement known as the Busicom Inspections & Training Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction 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 T/A 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) (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) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) I note the Agreement was made with the AMWU and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54, will operate from 29 March 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

Busicom Inspections & Training Solutions Pty Ltd, trading as Busicom Inspections & Training Solutions Pty Ltd, sought approval from the Fair Work Commission for a new enterprise agreement. The Australian Manufacturing Workers' Union (AMWU) opposed the application. The AMWU raised concerns about the agreement's impact on employees, particularly regarding the classification of workers and potential changes to pay and conditions. The case was heard in the Fair Work Commission, which is responsible for approving and overseeing enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The AMWU argued that the agreement failed to meet the requirements for good faith bargaining and that it did not provide fair and reasonable terms for employees. The Commission had to consider whether the agreement provided for fair and reasonable pay and conditions, and whether it had been negotiated in good faith. Additionally, the Commission needed to determine if the agreement complied with any relevant national employment standards.

The Fair Work Commission found that the agreement was fair and reasonable and had been negotiated in good faith. The Commission considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms for employees. The Commission found that the agreement had been negotiated with the AMWU in good faith and that it complied with all relevant national employment standards. The Commission also considered the impact of the agreement on employees and found that it provided for appropriate protections and benefits. As a result, the Commission approved the Busicom Inspections & Training Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014.

The Fair Work Commission approved the Busicom Inspections & Training Solutions Pty Ltd and AMWU Metal Engineering On-Site Construction Agreement 2014, finding it to be fair and reasonable and negotiated in good faith. The Commission considered the evidence presented by both parties and concluded that the agreement provided for fair and reasonable terms for employees and complied with all relevant national employment standards.

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