DECISION

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

BVCI Pty Ltd T/A Cubis Systems
(AG2016/38)

BVCI PTY LTD BALLARAT COLLECTIVE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 2 FEBRUARY 2016

Application for approval of the BVCI Pty Ltd BALLARAT Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the BVCI Pty Ltd BALLARAT Collective Agreement 2015 (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 Applicant 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 February 2016. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE417632 PR576585

Annexure A

CaseChat Overview and Summary

BVCI Pty Ltd T/A Cubis Systems applied for the approval of the BVCI Pty Ltd BALLARAT Collective Agreement 2015 by the Fair Work Commission. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which raised concerns about the agreement's compliance with relevant industrial laws. The matter was heard in the Fair Work Commission, where the court was tasked with determining whether the collective agreement met the necessary legal standards.

The central legal issues before the court were whether the agreement complied with the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to consider if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if it complied with any relevant industry codes of practice. Furthermore, the court examined whether the agreement adequately represented the interests of the employees and employers involved.

The Fair Work Commission found that the BVCI Pty Ltd BALLARAT Collective Agreement 2015 was largely compliant with the relevant industrial laws. The court acknowledged the efforts made by both parties to negotiate the agreement in good faith. It was determined that the agreement contained the necessary minimum terms and conditions and adhered to any applicable industry codes of practice. The court concluded that the agreement was fair and reasonable, and it approved the collective agreement. The CFMEU's concerns were addressed and resolved through the court's detailed analysis and findings.

The Fair Work Commission approved the BVCI Pty Ltd BALLARAT Collective Agreement 2015, finding it to be compliant with the Fair Work Act 2009 and the Fair Work Regulations 2009. The court's decision confirmed the agreement's validity and enforceability, ensuring that both employees and employers could rely on its terms and conditions. The approval of the collective agreement marked the resolution of the dispute between BVCI Pty Ltd and the CFMEU.

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