DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bytecraft Systems Pty Ltd
(AG2017/6304)

MAXTECH EMPLOYEE ENTERPRISE AGREEMENT 2017-WORKSHOP & LOGISTICS VICTORIA/TASMANIA

Business equipment industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2018

Application for approval of the MAXtech Employee Enterprise Agreement 2017 - Workshop & Logistics Victoria/Tasmania.

[1] An application has been made for approval of an enterprise agreement known as the MAXtech Employee Enterprise Agreement 2017 - Workshop & Logistics Victoria/Tasmania (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the National Union of Workers, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 April 2018. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bytecraft Systems Pty Ltd applied for approval of the MAXtech Employee Enterprise Agreement 2017 - Workshop & Logistics Victoria/Tasmania, which was proposed to be registered under the Fair Work Act 2009. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the criteria for registration under the Act. The dispute arose because of objections to the proposed agreement by the Australian Manufacturing Workers' Union, which argued that the agreement was not in the best interests of the employees.

The legal issues before the Fair Work Commission included whether the agreement met the requirements of the Fair Work Act and whether the application for approval should be granted. Specifically, the Commission had to consider whether the agreement was a genuine enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it was in the best interests of the employees. The Commission also had to consider whether the application for approval was made in accordance with the provisions of the Act.

The Fair Work Commission held that the agreement was a genuine enterprise agreement and that it met the requirements of the Fair Work Act. The Commission found that the agreement contained the necessary minimum terms and conditions and that it was in the best interests of the employees. The Commission also found that the application for approval was made in accordance with the provisions of the Act. The Commission approved the registration of the agreement and ordered that it be registered under the Fair Work Act.

The Fair Work Commission's decision in Bytecraft Systems Pty Ltd provides guidance on the requirements for the registration of enterprise agreements under the Fair Work Act. The Commission's decision confirms that the Act requires genuine enterprise agreements that meet the necessary minimum terms and conditions and that are in the best interests of the employees. The decision also highlights the importance of ensuring that applications for approval are made in accordance with the provisions of the Act.

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