DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BVCI Pty Ltd T/A Cubis Systems
(AG2019/4202)

BVCI PTY LIMITED (HEATHWOOD) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 DECEMBER 2019

Application for approval of the BVCI Pty Limited (HEATHWOOD) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BVCI Pty Limited (HEATHWOOD) Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by BVCI Pty Ltd T/A Cubis Systems (Employer). 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, 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. The undertakings are taken to be terms of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of BVCI Pty Ltd T/A Cubis Systems, the Fair Work Commission was called upon to decide whether to approve the BVCI Pty Limited (HEATHWOOD) Enterprise Agreement 2019. This matter involved the Fair Work Commission's assessment of the proposed enterprise agreement between the employer and its employees, focusing on its compliance with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it was appropriately certified by an independent certifier, and whether it complied with the procedural fairness and good faith bargaining obligations. Additionally, the Commission had to consider whether the agreement provided fair and reasonable terms and conditions of employment for the affected employees.

In its reasoning, the Commission examined the certification process and the evidence presented by the parties. The Commission found that the agreement was appropriately certified and that the bargaining process was conducted in good faith. The Commission also assessed the fairness and reasonableness of the terms and conditions proposed in the agreement. After thorough consideration, the Commission concluded that the agreement did indeed meet the necessary statutory requirements and provided fair and reasonable terms for the employees. Consequently, the Commission approved the BVCI Pty Limited (HEATHWOOD) Enterprise Agreement 2019.

The final orders included the approval of the enterprise agreement, which now binds the employer and the employees, setting out the terms and conditions of their employment for the specified period. The agreement will now be registered, and its terms will govern the employment relationship between the parties.

BVCI Pty Ltd 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