DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BVCI Pty Limited T/A Cubis Systems
(AG2018/6917)

BVCI PTY LTD (BALLARAT) ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the BVCI Pty Ltd (BALLARAT) Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the BVCI Pty Ltd (BALLARAT) Enterprise 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 BVCI Pty Ltd T/A Cubis Systems. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] The Agreement was approved on 15 February 2019 and, in accordance with s.54, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BVCI Pty Limited, trading as Cubis Systems, applied to the Fair Work Commission for approval of the BVCI Pty Ltd (BALLARAT) Enterprise Agreement 2018. The application was contested by the Australian Manufacturing Workers' Union, who argued that the agreement did not meet the requirements under the Fair Work Act 2009 for genuine agreement and did not provide adequate protections for employees. The Commission was tasked with determining whether the enterprise agreement was genuinely agreed upon by the parties and whether it met the statutory requirements for approval.

The central legal issue before the Commission was whether the enterprise agreement had been genuinely agreed upon by the employer and the union, and if it contained all the required provisions under the Fair Work Act 2009. The union contended that there was insufficient evidence to prove that the employees had genuinely agreed to the terms of the agreement, and that the agreement failed to include certain mandatory terms. The employer, on the other hand, asserted that the agreement had been reached through proper consultation and negotiation processes and that it contained all necessary provisions.

The Commission examined the evidence presented by both parties and concluded that the agreement had indeed been genuinely negotiated and agreed upon. The Commission found that there was clear and convincing evidence that the union had adequately represented its members in the negotiations and that the employees had been given sufficient opportunity to express their views. Furthermore, the Commission determined that the agreement contained all the mandatory terms required by the Fair Work Act 2009. Consequently, the application for approval was granted.

The Fair Work Commission approved the BVCI Pty Ltd (BALLARAT) Enterprise Agreement 2018, finding that it met all the statutory requirements for genuine agreement and contained all mandatory terms. The Commission's decision was based on the evidence of proper consultation and negotiation processes, as well as the inclusion of all necessary provisions. The union's objections were dismissed, and the agreement was registered, thereby setting the terms and conditions of employment for the relevant employees.

BVCI Pty Limited T/A Cubis Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established