DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Corporate Ventures (Labour) Pty Ltd T/A Bowsers
(AG2016/8089)

CORPORATE VENTURES (LABOUR) PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 16 JANUARY 2017

Application for approval of the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corporate Ventures (Labour) Pty Ltd T/A Bowsers. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2017. The nominal expiry date of the Agreement is 15 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Corporate Ventures (Labour) Pty Ltd, trading as Bowsers, applied to the Fair Work Commission (FWC) for approval of the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2016 - 2020. The application was opposed by the Australian Services Union, who argued that the agreement did not comply with certain requirements under the Fair Work Act 2009. The FWC was required to determine whether the application for approval met the criteria set out in the legislation.

The primary legal issue before the FWC was whether the enterprise agreement complied with the Fair Work Act. Specifically, the FWC needed to consider whether the agreement contained all the mandatory terms required by the Act, whether it was made in good faith, and whether it was appropriately negotiated. The FWC also needed to consider whether the agreement complied with the "better off overall test" (BOOT), which requires that employees be no worse off financially under the new agreement than they would have been under their previous terms of employment.

In determining the matter, the FWC considered the evidence presented by both parties, including the terms of the enterprise agreement, the bargaining history, and the financial implications for employees. The FWC found that the agreement contained all the mandatory terms required by the Act and that it had been made in good faith and appropriately negotiated. The FWC also found that the agreement met the BOOT, as employees were no worse off financially under the new agreement than they would have been under their previous terms of employment. As such, the FWC approved the enterprise agreement.

The FWC's decision was that the Corporate Ventures (Labour) Pty Ltd Enterprise Agreement 2016 - 2020 was approved in accordance with the Fair Work Act. The FWC found that the agreement met all the necessary requirements and that it was in the best interests of the employees. The FWC's decision was final and binding, and could not be appealed.

Corporate Ventures (Labour) Pty Ltd T/A Bowsers

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established