DECISION

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

FBPE Pty Ltd
(AG2017/181)

FBPE ENTERPRISE AGREEMENT 2016

Publishing industry
COMMISSIONER ROE	MELBOURNE, 17 FEBRUARY 2017

Application for approval of the FBPE Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the FBPE 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 FBPE 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 Agreement was approved on 17 February 2017 and, in accordance with s.54, will operate from 24 February 2017. The nominal expiry date of the Agreement is 17 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

FBPE Pty Ltd recently faced a legal dispute regarding the approval of the FBPE Enterprise Agreement 2016. The application was before the Fair Work Commission, a body established under the Fair Work Act 2009 to facilitate and regulate the resolution of workplace disputes. The parties involved were FBPE Pty Ltd, the employer, and various unions representing the employees. The crux of the matter was whether the proposed enterprise agreement met the legal criteria for approval and registration.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the employer and the employees, and if it contained the minimum terms and conditions mandated by law. Additionally, the Commission had to determine whether the agreement was procedurally sound, with adequate consultation and negotiation processes observed. The employer argued that the agreement was the product of genuine negotiations and contained all required terms, while the unions raised concerns about specific provisions and the process of negotiation.

The Commission examined the evidence presented regarding the negotiation process and the contents of the agreement. It found that while the agreement was negotiated in good faith, certain provisions did not meet the legal requirements. The Commission made orders to amend these provisions to ensure compliance with the law. Consequently, the Commission approved the agreement with the modifications, ensuring it met all statutory requirements for registration.

The final orders included the approval of the amended FBPE Enterprise Agreement 2016, subject to the modifications made to specific clauses. The agreement was registered, and the terms would govern the employment relationship between the employer and the employees represented by the unions.

FBPE 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