DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BVCI Pty Ltd T/A Cubis Systems
(AG2019/4284)

BVCI PTY LTD (BALLARAT) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2020

Application for approval of the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2019 (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. The undertakings are taken to be a term of 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 29 January 2020. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

BVCI Pty Ltd, trading as Cubis Systems, applied for approval of the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2019. The application was heard in the Fair Work Commission, where the central dispute involved the terms and conditions of employment for the employees under this enterprise agreement. The application was made by the employer, BVCI Pty Ltd, seeking endorsement of the agreement, which aimed to govern the employment relationship between the company and its workforce.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for genuine bargaining, and if it contained the necessary "protector" terms as outlined in the Act. This included assessing whether the agreement provided minimum wages and conditions that were no less favourable than the applicable award or registered agreement. The Commission also had to consider whether the agreement was consistent with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009.

In delivering its decision, the Commission examined the evidence provided by both parties and the terms of the proposed agreement. The Commission found that the agreement had been genuinely bargained, meeting the requirements of the Act. It was determined that the agreement contained all necessary "protector" terms, ensuring that employees were afforded no less favourable terms and conditions than those provided by the applicable award. Furthermore, the Commission was satisfied that the agreement complied with all relevant legislative provisions. Consequently, the Commission approved the BVCI Pty Ltd (Ballarat) Enterprise Agreement 2019, endorsing it as a legally binding document. The final orders confirmed the approval of the agreement, effective from the date of the decision.

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