DECISION

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

Busicom Trade Resources Pty Ltd
(AG2016/2493)

BCH ENTERPRISE AGREEMENT 2016

Oil and gas industry
COMMISSIONER CAMBRIDGE	SYDNEY, 3 MAY 2016

Application for approval of the BCH Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the BCH Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by Busicom Trade Resources Pty Ltd (the Employer). The Agreement is a single-enterprise agreement.

[2] The application was lodged at Sydney on 9 March 2016 by the Employer’s representative, Colin Milne. The application included a Statutory Declaration of Alex Zalghout made on behalf of the Employer and dated 9 March 2016 (the Declaration). The Declaration stated that the Agreement was made on 1 March 2016. Therefore the application was made within the 14 day lodgement time limit established by subsection 185 (3) (a) of the Act.

[3] The application for approval was listed for Hearing on 8 April 2016, at which time Mr C Milne together with Mr M Marebani appeared for the Employer, and Mr A Mrad who was a bargaining representative for the Agreement also appeared. During the proceedings held on 8 April, the Fair Work Commission (the Commission) identified various issues relating to the contents of certain terms contained in the Agreement which required clarification.

[4] Mr Milne provided some important clarifications during the Hearing. The Employer was invited to consider some residual issues raised by the Commission and to respond in writing.

[5] The Commission has received correspondence dated 14 April 2016, from Mr Milne which included further material in support of the application together with Draft Undertakings. On 26 April 2016, the Commission received further correspondence which included Undertakings made by and duly signed by the Employer, and proposed to the Commission pursuant to s.190 of the Act (the Undertakings).

[6] Consequently I have further considered the application for approval having regard for the clarifications provided during the Hearing, the further material provided in support of the application, and the Undertakings.

[7] Part 2-4 of the Act includes various procedural requirements that must be satisfied before the Commission can approve of an enterprise agreement. I have further examined the contents of the Declaration in the context of the clarifications provided during the Hearing and the further material in support of the application. On the basis of this material I am satisfied that the procedural requirements of Part 2-4 of the Act have been met in this instance.

[8] I note that the Agreement contains a flexibility term at clause 7 and a consultation term at clause 8.

[9] I am prepared to accept the Undertakings. As provided by s.191 of the Act, the Undertakings are taken to be terms of the Agreement. I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[10] The Agreement as varied by the Undertakings is approved. In accordance with subsection 54 (1) of the Act, the Agreement will operate from 10 May 2016. In accordance with clause 2 of the Agreement the nominal expiry date of the Agreement is 3 May 2020.

COMMISSIONER

Appearances:

Mr C Milne of Interposition Pty Ltd together with Mr M Marebani appeared for Busicom Trade Resources Pty Ltd, and Mr A Mrad, a bargaining representative.

Hearing details:

2016.

Sydney:

April, 8.

Printed by authority of the Commonwealth Government Printer

The parties involved in this matter were Busicom Trade Resources Pty Ltd and its employees, represented by the Australian Manufacturing Workers' Union. The dispute was an application for the approval of the BCH Enterprise Agreement 2016. The case was heard by the Fair Work Commission, an Australian workplace relations tribunal with the authority to approve, reject, or amend enterprise agreements.

The central legal issues before the tribunal were whether the agreement was genuinely a product of free and voluntary bargaining and whether it complied with the requirements of the Fair Work Act 2009. The tribunal examined whether the process leading to the agreement was free from coercion, whether the agreement was made in good faith, and whether it contained the minimum terms and conditions required by the Act.

After considering the evidence and submissions from both parties, the tribunal found that the agreement was genuinely a product of free and voluntary bargaining. The tribunal was satisfied that the process was conducted in good faith, free from coercion, and that the employees had adequate opportunity to discuss the terms of the agreement. The tribunal also found that the agreement met the statutory requirements and contained the necessary minimum terms and conditions. Consequently, the tribunal approved the BCH Enterprise Agreement 2016.

As the tribunal approved the agreement, it became legally binding on the parties from the date of the decision. The agreement now sets out the terms and conditions of employment for the employees of Busicom Trade Resources Pty Ltd, providing a framework for their work relationship.

Busicom Trade Resources 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