Busicom Solutions Pty Ltd

[2014] FWCA 4334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Busicom Solutions Pty Ltd
(AG2014/1567)

BUSICOM SOLUTIONS PTY LIMITED ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 3 JULY 2014

Application for approval of the Busicom Solutions Pty Limited Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Busicom Solutions Pty Limited Roy Hill AWU Greenfields Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Employer’s Declaration in Support of Application for Approval of Greenfields Agreement states that the enterprise is a genuine new enterprise that the employer is proposing to establish. It also states that the employer has not employed any of the persons who will be necessary for the normal conduct of that enterprise and will be covered by the Agreement. I am therefore satisfied that the requirements of s.172(2)(b) have been met and as a consequence the Agreement is a greenfields agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is three and a half years from the date of this decision.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

The matter before the court involved Busicom Solutions Pty Ltd, which sought approval of the Busicom Solutions Pty Limited Roy Hill AWU Greenfields Agreement 2014. The case was heard by the Fair Work Commission, a tribunal responsible for regulating workplace relations in Australia.

The primary legal issue the court needed to decide was whether the agreement in question complied with the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it provided for fair terms and conditions for the employees involved. This involved assessing whether the agreement met the requirements for a Greenfields Agreement under the Fair Work Act.

In its reasoning, the court examined the process through which the agreement was negotiated and concluded. It considered whether the parties had genuinely attempted to negotiate in good faith and if the terms of the agreement were fair and reasonable. The court also looked into whether the agreement provided adequate protections and benefits for the employees, ensuring it did not disadvantage them unduly. After thorough analysis, the court found that the agreement was made in good faith and that it provided fair terms and conditions for the employees. The court was satisfied that all necessary procedural requirements had been met and that the agreement was beneficial overall.

The Fair Work Commission approved the Busicom Solutions Pty Limited Roy Hill AWU Greenfields Agreement 2014, thereby granting Busicom Solutions Pty Ltd the authority to implement the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established