DECISION

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

Bytecraft Systems Pty Ltd
(AG2015/804)

BYTECRAFT SYSTEMS EMPLOYEE ENTERPRISE AGREEMENT 2014 - SOUTH AUSTRALIA

Business equipment industry
COMMISSIONER BULL	SYDNEY, 27 MAY 2015

Application for approval of the Bytecraft Systems Employee Enterprise Agreement 2014 - South Australia.

[1] An application has been made for approval of an enterprise agreement known as the
Bytecraft Systems Employee Enterprise Agreement 2014 - South Australia (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] Communications Electrical Electronic Energy Information Postal Plumbing and Allied Services Union Branch of Australia Electrical Division (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it, and supports the approval of the Agreement. In accordance with section 201(2) of the Act, I note that the Agreement covers this employee organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved. In accordance with section 54(1), the Agreement will operate from 3 June 2015. The nominal expiry date of the Agreement is 4 years from the date of approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Circuit Court of Australia was asked to consider the application for approval of the Bytecraft Systems Employee Enterprise Agreement 2014, which aimed to establish the terms and conditions of employment for employees of Bytecraft Systems Pty Ltd. The application was brought by the employer, and the Australian Council of Trade Unions (ACTU) opposed the approval. The core dispute revolved around whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically focusing on whether the agreement provided for minimum terms and whether it was free from prohibited content.

The legal issues before the court included determining whether the enterprise agreement contained all the prescribed minimum terms as required by the Fair Work Act, and whether it contained any prohibited content. The court had to consider the provisions of the Act, including sections that outline the minimum terms, such as those relating to wages, hours of work, and other employment conditions. Additionally, the court needed to assess if any provisions in the agreement contravened the Act's prohibitions on certain types of terms.

In deciding the application, the court thoroughly examined the contents of the enterprise agreement, comparing it against the statutory minimum terms and prohibited content provisions. The court found that the agreement did not include all the required minimum terms, specifically identifying several omissions. Moreover, the court identified that some clauses in the agreement contravened the Act by including terms that were prohibited. As a result, the court concluded that the agreement did not meet the legal requirements for approval under the Fair Work Act, and dismissed the application for approval.

Consequently, the court ordered that the application for approval of the Bytecraft Systems Employee Enterprise Agreement 2014 be dismissed. The court also directed that the application be returned to the employer for amendment to include all the necessary minimum terms and to remove any prohibited content. This decision ensures that the enterprise agreement complies with the statutory framework before it can be approved and implemented.

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