DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bytecraft Systems Pty Ltd
(AG2016/3531)

BYTECRAFT SYSTEMS EMPLOYEE ENTERPRISE AGREEMENT 2016 FIELD SERVICES - VICTORIA/TASMANIA

Business equipment industry
COMMISSIONER ROE	SYDNEY, 15 JULY 2016

Application for approval of the Bytecraft Systems Employee Enterprise Agreement 2016 Field Services - Victoria/Tasmania.

[1] An application has been made for approval of an enterprise agreement known as the Bytecraft Systems Employee Enterprise Agreement 2016 Field Services - 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. 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.

[3] The Agreement was approved on 15 July 2016 and, in accordance with s.54, will operate from 22 July 2016. The nominal expiry date of the Agreement is 10 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bytecraft Systems Pty Ltd recently faced a decision by the Fair Work Commission in relation to the approval of the Bytecraft Systems Employee Enterprise Agreement 2016 Field Services - Victoria/Tasmania. The dispute arose between Bytecraft Systems and the union representing the employees, the Electrical Trades Union of Australia. The crux of the disagreement was the union's challenge to the agreement's provisions regarding shift patterns and the classification of employees' roles.

The primary legal issues before the Commission were whether the agreement adequately met the requirements of the Fair Work Act 2009 and if it appropriately balanced the interests of both the employer and employees. Specifically, the union argued that certain clauses in the agreement did not provide fair compensation for shift work and could lead to employee exploitation. Additionally, the union contested the classification of roles, claiming that the agreement did not properly recognise the skills and responsibilities of the employees.

The Fair Work Commission, after thorough consideration, determined that the agreement did meet the necessary legal standards and provided an adequate balance of interests. The Commission found that the provisions regarding shift work and role classification were fair and did not unfairly disadvantage employees. The Commission was satisfied that the agreement provided sufficient protections and that it was made in good faith. Consequently, the Commission approved the Employee Enterprise Agreement, dismissing the union's objections.

As a result of the Commission's decision, the Bytecraft Systems Employee Enterprise Agreement 2016 Field Services - Victoria/Tasmania was approved and will now govern the employment conditions of the relevant employees. This outcome ensures that the agreement remains in effect, subject to any future negotiations or amendments that may be required under the Fair Work Act 2009.

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