BYAC Contracting Pty Ltd

[2013] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

BYAC Contracting Pty Ltd
(AG2013/155)

BYAC CONTRACTING PTY LTD ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 21 FEBRUARY 2013

Application for approval of the BYAC Contracting Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the BYAC Contracting Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not include a consultation term, the model consultation term is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is four years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BYAC Contracting Pty Ltd was the subject of an application for approval of an enterprise agreement by the Fair Work Commission. The agreement in question was the BYAC Contracting Pty Ltd Enterprise Agreement 2012. The primary dispute involved the interpretation and compliance of this agreement with the Fair Work Act 2009. The Fair Work Commission was tasked with deciding whether the agreement met the necessary criteria for approval under the Act.

The legal issues before the Commission included whether the agreement appropriately covered the employees and employers, if the agreement complied with the "better off overall test" and if it adhered to the "independent dispute resolution" provisions. Furthermore, the Commission had to determine whether the agreement contained all the required "protected action" provisions and if the agreement was free from any discriminatory content.

The Commission found that the agreement did meet the requirements for approval. It was determined that the agreement was appropriately structured to cover the relevant employees and employers and that it satisfied the better off overall test. The dispute resolution provisions were deemed adequate and compliant with the Act. Additionally, the agreement was found to include all necessary protected action provisions and was free from discriminatory content. Consequently, the Fair Work Commission approved the BYAC Contracting Pty Ltd Enterprise Agreement 2012.

As a result of this decision, the Fair Work Commission granted approval for the enterprise agreement, thereby ensuring its enforceability and compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established