DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Busicom Trade Services Pty Limited
(AG2018/5341)

BUSICOM NB&C AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the Busicom NB&C Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Busicom NB&C Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Busicom Trade Services Pty Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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 22 February 2019. The nominal expiry date of the Agreement is 14 February 2023.

COMMISSIONER

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Annexure A

Busicom Trade Services Pty Limited applied to the Fair Work Commission for approval of the Busicom NB&C Agreement 2018. The applicant argued the agreement was necessary to facilitate the effective operation of its business, including to provide flexibility in managing its workforce and to achieve its commercial objectives. The dispute centred on the agreement's provisions, which included terms for casual employment, variations to employment conditions, and the operation of a payroll system. The Commission was required to determine whether the agreement was in the public interest and met the criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement's provisions met the public interest test and aligned with the objectives of the Fair Work Act. This required the Commission to consider the balance between the applicant's business needs and the protection of employees' rights. The Commission also needed to assess whether the agreement provided a fair and reasonable outcome for all parties, particularly in light of the potential for variations to employment conditions and the operation of a payroll system. The applicant argued that the agreement was necessary to maintain operational efficiency and achieve its commercial goals, while the objector contended that it undermined employees' rights and did not provide sufficient protections.

After considering the submissions from both parties and reviewing the agreement's provisions, the Commission found that the Busicom NB&C Agreement 2018 met the public interest test and aligned with the objectives of the Fair Work Act. The Commission determined that the agreement provided a fair and reasonable outcome for all parties, including provisions for casual employment and variations to employment conditions, and that it was necessary for the effective operation of the applicant's business. The Commission approved the agreement, finding that it provided appropriate protections for employees while allowing the applicant to manage its workforce effectively.

The Fair Work Commission approved the Busicom NB&C Agreement 2018, finding that it met the public interest test and aligned with the objectives of the Fair Work Act. The Commission determined that the agreement provided a fair and reasonable outcome for all parties, including provisions for casual employment and variations to employment conditions, and that it was necessary for the effective operation of the applicant's business. The Commission found that the agreement provided appropriate protections for employees while allowing the applicant to manage its workforce effectively.

Busicom Trade Services Pty Limited

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established