DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bytecraft Systems Pty Ltd
(AG2018/1636)

MAXTECH FIELD MAINTENANCE ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 AUGUST 2018

Application for approval of the MAXtech Field Maintenance Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the MAXtech Field Maintenance 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 Bytecraft Systems Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 14 August 2018 and, in accordance with s.54, will operate from 21 August 2018. The nominal expiry date of the Agreement is 14 August 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bytecraft Systems Pty Ltd was involved in a legal matter before the Fair Work Commission concerning the approval of the MAXtech Field Maintenance Enterprise Agreement 2017. The dispute centred around the procedural fairness of the bargaining process and the agreement's compliance with Australian labour laws.

The central legal issues the court had to address included whether the agreement was genuinely negotiated between the parties and if the process followed was procedurally fair. Additionally, the court examined if the agreement met the criteria for being a "single-enterprise agreement" and whether it complied with the requirements of the Fair Work Act 2009.

The Fair Work Commission found that the negotiation process had been procedurally fair and that the agreement was genuinely negotiated between the parties. The court also concluded that the agreement met the criteria for being a single-enterprise agreement and that it complied with the Fair Work Act 2009. Consequently, the Commission approved the MAXtech Field Maintenance Enterprise Agreement 2017. The decision affirmed the validity of the agreement, thereby setting a precedent for similar agreements in the future.

Bytecraft Systems Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established