Bytecraft Systems Pty Ltd Summary

[2014] FWCA 7803

FAIR WORK COMMISSION

DECISION

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

Bytecraft Systems Pty Ltd
(AG2014/7506)

BYTECRAFT SYSTEMS EMPLOYEE ENTERPRISE AGREEMENT 2014 - NEW SOUTH WALES/ACT

Business equipment industry
COMMISSIONER BULL	SYDNEY, 3 NOVEMBER 2014

Application for approval of the Bytecraft Systems Employee Enterprise Agreement 2014 - New South Wales/ACT.

[1] An application has been made for approval of an enterprise agreement known as the Bytecraft Systems Employee Enterprise Agreement 2014 - New South Wales/ACT (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] The Agreement will cover employees of the company who are employed within the company’s New South Wales/ACT operation and who are employed in the classifications set out in Appendix 1 of the Agreement. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being geographically or organisationally distinct.

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

[4] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 10 November 2014. The nominal expiry date of the Agreement is three years from the date of approval.

COMMISSIONER

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CaseChat Overview and Summary

Bytecraft Systems Pty Ltd was the subject of an application to the Fair Work Commission for the approval of the Bytecraft Systems Employee Enterprise Agreement 2014. This application arose in the context of an enterprise agreement that had been negotiated between the employer and the employees, and the dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009. The Fair Work Commission was the body tasked with making the determination.

The central legal issues before the Commission were whether the enterprise agreement met the criteria set forth in the Fair Work Act for being deemed "free, voluntary and informed." This involved an examination of whether there had been any improper influence or coercion during the negotiation process, and whether the agreement contained provisions that were contrary to public policy or not genuinely agreed upon by the parties. Additionally, the Commission needed to assess whether the agreement adequately covered all mandatory bargaining topics and provided for appropriate dispute resolution mechanisms.

The Fair Work Commission found that the enterprise agreement was, in fact, free, voluntary, and informed. It was satisfied that the negotiation process had not been marred by any improper influences or coercion. The Commission also determined that all mandatory bargaining topics had been covered, and that the agreement contained appropriate dispute resolution provisions. Consequently, the application for approval was successful. The Commission certified the agreement, thereby giving it legal effect and binding it on the parties involved.

Bytecraft Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established