DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bytecraft Systems Pty Ltd
(AG2016/6586)

MAXTECH CASINO ENTERPRISE AGREEMENT 2016

Business equipment industry
COMMISSIONER ROE	MELBOURNE, 1 DECEMBER 2016

Application for approval of the MAXtech Casino Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the MAXtech Casino Enterprise Agreement 2016 (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 Applicant 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 1 December 2016 and, in accordance with s.54, will operate from 8 December 2016. The nominal expiry date of the Agreement is 10 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bytecraft Systems Pty Ltd applied to the Fair Work Commission for the approval of the MAXtech Casino Enterprise Agreement 2016, which was intended to govern the employment conditions of certain employees within the casino sector. The application arose from negotiations between the employer and the union representing the employees. The union argued that certain provisions of the agreement did not comply with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for minimum terms and conditions of employment that were no less favourable than the relevant national award or registered agreement. The union contested the fairness of certain provisions related to working hours, overtime, and penalty rates.

The Commission conducted a detailed analysis of the agreement, assessing it against the criteria set out in the Fair Work Act. The Commission found that while most provisions of the agreement were acceptable, some clauses concerning working hours and overtime did not align with the requirements for minimum terms and conditions. Consequently, the Commission exercised its discretion to modify these provisions to ensure they met the statutory standards. After these modifications, the Commission was satisfied that the agreement complied with the Act and approved it.

The Fair Work Commission approved the MAXtech Casino Enterprise Agreement 2016, subject to the modifications made to certain provisions concerning working hours and overtime. The modifications were designed to ensure that the agreement provided for minimum terms and conditions that were no less favourable than the relevant national award or registered agreement.

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