DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BVCI Pty Ltd T/A Cubis Systems
(AG2018/2045)

BVCI PTY LTD (BALLARAT) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 SEPTEMBER 2018

Application for approval of the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2017 (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, 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 12 September 2018 and, in accordance with s.54, will operate from 19 September 2018. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BVCI Pty Ltd T/A Cubis Systems sought approval for the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2017. The application was before the Fair Work Commission, which must consider whether the agreement meets the necessary conditions for approval under the Fair Work Act 2009. The dispute involved the application's compliance with specific provisions of the Act, particularly those relating to the agreement's content and the process through which it was made.

The primary legal issues before the Commission were whether the agreement was made in good faith, whether it complied with the requirements for employee representation, and if the process by which the agreement was negotiated and agreed upon adhered to the legislative framework. The Commission also needed to determine whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission found that the agreement was indeed made in good faith and that the process of negotiation was transparent and involved adequate representation of the employees. The terms of the agreement met all the minimum requirements set out in the Act, and there were no provisions that contravened the legislative standards. The Commission concluded that the agreement was fair and balanced, taking into account the interests of both the employer and the employees. Therefore, the Commission approved the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2017.

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